Kansas Statutes 48-3602. Request for law enforcement assistance from another jurisdiction; authority; liability; definition
Terms Used In Kansas Statutes 48-3602
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) The chief law enforcement executive for any law enforcement agency, such executive’s designee, the secretary of corrections or the secretary’s designee may request assistance from a law enforcement agency or a department of corrections of another jurisdiction, including a jurisdiction located outside the state of Kansas, but within the United States.
(b) If a law enforcement officer makes an arrest or apprehension outside such officer’s jurisdiction, the offender shall be delivered to the first available law enforcement officer who is commissioned in the jurisdiction in which the arrest was made. The officer making the initial arrest or apprehension shall assist in the preparation of any affidavits filed with the complaint or based on other evidence that there is probable cause to believe that both a crime has been committed and the defendant has committed such crime.
(c) For the purposes of liability, all members of any political subdivision or public safety agency responding under operational control of the requesting political subdivision or public safety agency are deemed employees of such responding political subdivision or public safety agency and are subject to the liability and workers’ compensation provisions provided to them as employees of their respective political subdivision or public safety agency. Qualified immunity, sovereign immunity, official immunity and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the responding agency. The Kansas tort claims act, Kan. Stat. Ann. § 75-6101 et seq., and amendments thereto, and the Kansas workers compensation act, Kan. Stat. Ann. § 44-501 et seq., and amendments thereto, shall be interpreted consistent with the provisions of this section.
(d) Nothing in this section shall be construed to limit the actions of law enforcement officers or agencies conducted pursuant to Kan. Stat. Ann. § 19-828, and amendments thereto.
(e) The provisions of article 24 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, and Kan. Stat. Ann. § 21-5220 et seq., and amendments thereto, are applicable to any law enforcement officers from jurisdictions located outside the state of Kansas, but within the United States who are acting pursuant to a request made under this section.
(f) For purposes of this section, the term “law enforcement officer” shall have the same meaning as that term is defined by Kan. Stat. Ann. § 74-5602, and amendments thereto, or a law enforcement officer who has obtained a similar designation to one described in Kan. Stat. Ann. § 74-5602, and amendments thereto, in a jurisdiction outside the state of Kansas, but within the United States.