Printable Format22-2305. Execution or service and return of warrant or summons. (1) The warrant shall be executed by a law enforcement officer. The summons may be served by any person authorized to serve a summons in a civil action.
(2) The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.
(3) The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.
(4) The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.
(5) The officer executing the warrant shall make return thereof to the magistrate before whom the defendant is brought. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the magistrate by whom it was issued and shall be cancelled by him. On or before the date set for appearance the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to the officer or other authorized person for execution or service.
History: L. 1970, ch. 129, ยง 22-2305; July 1.
Source or Prior Law:
62-201, 62-601, 62-602, 62-603, 62-1201, 62-1202, 62-1203.
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, 692, 695 (1972).
Attorney General's Opinions:
Law enforcement officers; employment and powers. 79-88.
Preliminary proceedings; service of warrants. 86-161.
CASE ANNOTATIONS
1. Arrest under K.S.A. 22-2401(b) authorized for misdemeanor or felony warrants issued in Kansas. State v. Flummerfelt, 235 Kan. 609, 617, 684 P.2d 363 (1984).
2. Cited; failure to execute arrest warrant due to defendant's incarceration elsewhere as not constituting unreasonable delay examined. State v. Nicholson, 243 Kan. 747, 749, 763 P.2d 616 (1988).
3. Cited in case involving an unlawfully detained person when outstanding warrant discovered; evidence not suppressed. State v. Martin, 285 Kan. 994, 1001, 179 P.3d 457 (2008).
4. Cited; arresting officer not required to have physical possession of arrest warrant. State v. Edwards, 39 Kan. App. 2d 300, 304, 179 P.3d 472 (2008).