(a) Any person arrested by a law enforcement officer shall be taken immediately by
the law enforcement officer to the police station of the city or the office in the
city designated by the municipal judge. At that time, the person shall have the right to post bond for the person's appearance,
in accordance with K.S.A. 12-4301 and 12-4302, and amendments thereto, except as hereinafter provided.
(b) A law enforcement officer may detain a person arrested for violation of a municipal
ordinance in protective custody for a period not to exceed six hours, including custody
in a city or county jail, if such officer has probable cause to believe that: (1)
Such person may cause injury to oneself or others, or damage to property; and (2)
there is no responsible person or institution to which such person might be released.
Any person so held in protective custody shall be permitted to consult with counsel
or other persons who may act on such person's behalf. Such person held in protective custody for six hours shall be given an opportunity
to post bond for such person's appearance in the municipal court.
(c) Any person held in custody pursuant to the provisions of this section, and who
has not made bond for such person's appearance, may be held in custody until the earliest
practical time for such person's appearance in municipal court upon a warrant being
issued by the municipal court in accordance with K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions of this
section after arrest, and who is awaiting a first appearance before a municipal judge
in the absence of a warrant being issued, shall be released on the person's personal
recognizance. Bond shall be set within 18 hours of the person being placed in custody.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.