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Any person arrested by a law enforcement officer shall be taken immediately by the law enforcement officer to the police station of the City or the office in the City designated by the Municipal Judge. At that time, the person shall have the right to post bond for the person’s appearance, in accordance with TMC 2.40.290 and 2.40.300. However, if the law enforcement officer has probable cause to believe that such person may cause injury to himself or herself or others, or damage to property, and there is no responsible person or institution to which the person might be released, the person shall remain in the protective custody of the law enforcement officer, in a City or County jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for the person’s appearance. While so held in protective custody, the person shall be permitted to consult with counsel or other persons on the person’s behalf. Any person who does not make bond for the person’s appearance shall be placed in the City or County jail, to remain there until the person makes bond for the person’s appearance, or appears before the Municipal Court at the earliest practical time, except that the person shall be released on the person’s personal recognizance to appear at a later date if the person has not made bond, has not appeared before the Municipal Court within 48 hours after arrest and if no warrant has been issued for the person’s arrest. (Ord. 20206 § 9, 9-10-19; Ord. 19208 § 1, 1-13-09. Code 1995 § 50-64. Formerly 2.110.270.)

Cross References:Police Department, TMC 2.20.090.

State Law References:Similar State statute, K.S.A. 12-4213.