Title 2 - Administration and Personnel

2.33.320 Municipal Court; Arrest Authority of Law Enforcement Officers.

1. A.
   Except as provided in subsection B, a law enforcement officer may arrest a person under any of the following circumstances:

   1. 1.
      The officer has a warrant commanding that the person be arrested.
   2. 2.
      A warrant for the person's arrest has been issued by a municipal court in this state.
   3. 3.
      The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person.
   4. 4.
      The law enforcement officer detained the person pursuant to subsection C or D of O.P.M.C. 2.33.310 and:

      1. a.
         The person refuses to give a written promise to appear in court when served with a notice to appear;
      2. b.
         the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer;
      3. c.
         the person is not a resident of the state of Kansas; or
      4. d.
         the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested.
2. B.
   A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.

(History: Ord. MCP-1997 §2, 96) [See Ch. Ord. 67 effective 9-23-96]

Effective on: 1/1/1901