Printable Format22-2304. Form of warrant or summons. (a) The warrant shall be signed by the magistrate and shall contain the name of the defendant, or, if such defendant's name is unknown, any name or description by which such defendant can be identified with reasonable certainty. A defendant may be identified with reasonable certainty by a description of the defendant's unique DNA profile, including, but not limited to, an analysis of short tandem repeats (STRs) amplified by the polymerase chain reaction (PCR) technique. The warrant shall describe the crime charged in the complaint. The warrant shall command that the defendant be arrested and brought before a magistrate, as provided by law. The amount of the appearance bond to be required shall be stated in the warrant.
(b) The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. The summons shall be signed by the magistrate or the clerk of the court.
History: L. 1970, ch. 129, § 22-2304; L. 2011, ch. 39, § 1; July 1.
Law Review and Bar Journal References:
"Notes on the Code of Criminal Procedure," Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 98 (1970).
"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 694 (1972).
Attorney General's Opinions:
Preliminary proceedings; form of warrant or summons. 83-17.
CASE ANNOTATIONS
1. Cited; summons held to have properly commenced action. State v. Marshall & Brown-Sidorowicz, 2 Kan. App. 2d 182, 194, 577 P.2d 803.
2. Cited; where judge made probable cause finding and intentionally issued search warrant, failure to sign mere technical irregularity. State v. Spaulding, 239 Kan. 439, 441, 442, 720 P.2d 1047 (1986).
3. Arrest warrant or supporting affidavit containing a unique DNA profile can qualify as description with reasonable certainty under K.S.A. 22-2304. State v. Belt, 285 Kan. 949, 956, 959, 960, 179 P.3d 443 (2008).