KRS § 431.005 — KY Code / Title XL / Chapter 431 / Section 431.005
431.005 Arrest by peace officers -- By private persons
Status: in_force

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 or her presence; or

(c) Without a warrant when he or she 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 or her 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 or her presence,

except that a violation of KRS 189A.010 or KRS 281A.210 need not be

committed in his or her presence in order to make an arrest without a warrant

if the officer has probable cause to believe that the person being arrested has

violated KRS 189A.010 or KRS 281A.210;

(f) Without a warrant when a violation of KRS 508.030 has occurred in a hospital

without the officer's presence if the officer has probable cause to believe that

the person being arrested has violated KRS 508.030. As used in this

paragraph, "hospital" includes any property owned or used by a hospital as a

parking lot or parking garage; or

(g) Without a warrant when a violation of KRS 235.240(2) has occurred causing

an accident, occurring outside of the peace officer's presence, involving a

motorboat or vessel on the waters of the Commonwealth, and resulting in a

physical injury or property damage, and a commissioned peace officer has

probable cause to determine who the operator of the motorboat or vessel was

and that operator was intoxicated or under the influence of any substance that

impairs one's ability to operate the motorboat or vessel at the time of the

accident.

(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, member of an unmarried couple,

or another person with whom the person was or is in a dating relationship.

(b) As used in this subsection, "dating relationship," "family member," and

"member of an unmarried couple" have the same meanings as defined in KRS

403.720 and 456.010.

(c) For the purpose of this subsection, the term "member of an unmarried couple"

has the same meaning as set out in KRS 403.720.

(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 or she 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.