KSC, TITLE 17. THE PUBLIC SAFETY
Chapter 11. Arrest, Search, and Seizure
Section 17.1101. Arrest without warrant.
(1) A person may make an arrest only after first obtaining a warrant for the arrest, except as authorized in this chapter.
(2) An arrest without a warrant may occur in the following situations:
(a) When an offense has occurred and the offender attempts to depart the State, arrest of the offender may occur pursuant to the Court's oral order, or without an oral order if the Court could not act before the departure.
(b) A person may arrest another person whom he views committing an offense.
(3) Following commission of an offense a police officer who has reasonable grounds to believe that a particular person has committed the offense may arrest the person.
(4) When a police officer is not certain that an offense has occurred he may arrest and detain for examination a person whom he finds under circumstances which justify a reasonable suspicion that the person has committed, or intended to commit, a felony.
Section 17.1102. Cause
and authority.
At or before making an arrest a person
makes a reasonable attempt to inform the arrested person of the cause and
authority of the arrest.
Section 17.1103. Possession of warrant.
Following issuance of an arrest warrant a
police officer may make an arrest without having the warrant in his possession.
If after arrest an arrested person requests to see the warrant for his
arrest, the police show it to him as soon as practicable.
If an arrested person refuses to submit or
attempts to escape, the arresting person may use the force necessary to compel
submission.
Section 17.1105. Disposition of arrested person.
(1) A person making an arrest who is not a police officer brings the arrested person to a police officer or to the Court without delay, explaining the cause of the arrest.
(2) Following an arrest a police officer brings an arrested person without unnecessary delay before the Court, subject to the following:
(a) If the Court sets bail, the police release the arrested person to appear in accordance with Court order.
(b) The arrested person has a reasonable opportunity to procure bail by sending messages through a police officer or other person by telephone, cable, messenger, or other expeditious means to a person likely to assist in securing bail. Transmission of a message is without expense to the Government or following prepayment of expense to the Government.
(c) If it appears that it is not practicable to bring the arrested person promptly before the Court and he is not on release through bail or personal recognizance, the Police bring him before the Court without unnecessary delay. The Court commits, discharges, or releases the arrested person on bail or personal recognizance pursuant to law.
Section 17.1106. Rights
of arrested person.
(1) Following arrest it is unlawful for the Police to:
(a) deny the arrested person the right to see at reasonable intervals and for a reasonable time at the place of his detention counsel, family, employer, or employer representative;
(b) refuse or fail to make a reasonable effort to send a message pursuant to Section 17.1105 (2)(b);
(c) fail to release or charge an arrested person with an offense within a reasonable time, which may not exceed twenty-four hours following arrest;
(d) fail to advise an arrested person that:
(1) he has a right to remain silent;
(2) upon request the Police would attempt to call counsel to the place of detention and allow the arrested person to confer with counsel there before questioning, and upon request allow him to have counsel present during questioning; and
(3) a public defender is available to assist him as counsel without payment by the arrested person.
Section 17.1107. Search and seizure.
Without issuance of a search warrant a
person making an arrest may seize from an arrested person an offensive weapon on
his person and search the person arrested and the premises where the arrest
occurs, to the extent the arrested person controls the premises, for an
instrument, the fruits, and evidence of the offense for which he makes the
arrest which he may seize for prompt delivery to a police officer or the Court
for disposition pursuant to law.
Section 17.1108. Forcing
entrance.
To make an arrest following refusal of a
person within to allow entrance a person making an arrest for a felony committed
in his presence, or a police officer making an arrest, may force entrance to a
building or ship. Before breaking a door or other barrier he demands
entrance in a loud voice and states that he wants to execute a warrant of arrest
or an oral order of the Court. If arrest would be lawful without a
warrant, he states that fact in a loud voice. A demand and statement are
in a language believed to be understood by the occupant.
Section 17.1109. Search
of out-going vessel or aircraft.
Before a vessel's or aircraft's departure
from the State, and upon authorization of the Attorney General, a police officer
may search:
(1) a Government vessel or airplane; and
(2) baggage or goods before loading aboard any vessel or aircraft, for materials which might endanger a person or property, and may seize materials possessed in violation of law.