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City of Overland Park v. Zabel8/13/2004
fferent municipal corporations. K.S.A. 22-2404 sets forth a clear procedure that must be followed by an officer from another state who crosses state lines in fresh pursuit of a suspect and makes an arrest here. Because there is no such statutory requirement addressing counties or municipal corporations, the lack of such a mandate in this type of case shows a legislative intent not to impose such a requirement.
The defendant argues that K.S.A. 2003 Supp. 22-2401a(2) does not give a city law enforcement officer the right to make an arrest outside of his jurisdiction. He argues that Eddy only gave the right to issue a traffic infraction outside of the jurisdiction. However, in Eddy, we have the same situation as in the case at hand. The officer originally stopped the driver for a traffic infraction, but the stop led to an arrest for DUI. Officer Black observed the defendant driving in both Overland Park and Merriam shortly before the defendant tested over the legal limit in a breath test. Both Overland Park and Merriam had concurrent jurisdiction for the DUI. The conviction in Overland Park is valid.
Affirmed.
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