.005   Arrest by peace officers -- By private persons.

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431.005 Arrest by peace officers -- By private persons.
(1)
A peace officer may make an arrest:
(a)  In obedience to a warrant; or
(b)  Without a warrant when a felony is committed in his presence; or
(c)  Without a warrant when he has probable cause to believe that the person being
arrested has committed a felony; or
(d)  Without a warrant when a misdemeanor, as defined in KRS 431.060, has been
committed in his presence; or
(e)  Without a warrant when a violation of KRS 189.290, 189.393, 189.520,
189.580, 511.080, or 525.070 has been committed in his presence, except that
a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his
presence in order to make an arrest without a warrant if the officer has
probable cause to believe that the person has violated KRS 189A.010 or KRS
281A.210.
(2)
(a)  Any peace officer may arrest a person without warrant when the peace officer
has probable cause to believe that the person has intentionally or wantonly
caused physical injury to a family member or member of an unmarried couple.
(b)  For the purposes of this subsection, the term "family member" means a
spouse, including a former spouse, a parent, a grandparent, a child, a
stepchild, or any other person related by consanguinity or affinity within the
second degree.
(c)  For the purpose of this subsection, the term "member of an unmarried couple"
means each member of an unmarried couple which allegedly has a child in
common, any children of that couple, or a member of an unmarried couple
who are living together or have formerly lived together.
(3)
A peace officer may arrest a person without a warrant when the peace officer has
probable cause to believe that the person is a sexual offender who has failed to
comply with the Kentucky Sex Offender Registry requirements based upon
information received from the Law Information Network of Kentucky.
(4)
For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer
certified pursuant to KRS 15.380.
(5)
If a law enforcement officer has probable cause to believe that a person has violated
a condition of release imposed in accordance with KRS 431.064 and verifies that
the alleged violator has notice of the conditions, the officer shall, without a warrant,
arrest the alleged violator whether the violation was committed in or outside the
presence of the officer.
(6)
A private person may make an arrest when a felony has been committed in fact and
he has probable cause to believe that the person being arrested has committed it.
(7)
If a law enforcement officer has probable cause to believe that a person has violated
a restraining order issued under KRS 508.155, then the officer shall, without a
warrant, arrest the alleged violator whether the violation was committed in or
outside the presence of the officer.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 24, effective July 12, 2006. -- Amended
2005 Ky. Acts ch. 132, sec. 31, effective June 20, 2005. -- Amended 2002 Ky. Acts
ch. 119, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 23, sec. 16,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 345, sec. 4, effective July 15,
1996. -- Amended 1992 Ky. Acts ch. 172, sec. 14, effective July 14, 1992. --
Amended 1990 Ky. Acts ch. 455, sec. 33, effective July 13, 1990. -- Amended 1988
Ky. Acts ch. 258, sec. 5, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 165,
sec. 23, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 1; and
ch. 312, sec. 1, effective July 15, 1980 -- Created 1962 Ky. Acts ch. 234, sec. 31.