{"data":{"id":"us-ky/krs-431.005","jurisdiction":"us-ky","citation":"KRS 431.005","heading":"Arrest by peace officers -- By private persons.","body":"(1) A peace officer may make an arrest:\n(a) In obedience to a warrant; or\n(b) Without a warrant when a felony is committed in his or her presence; or\n(c) Without a warrant when he or she has probable cause to believe that the\nperson being arrested has committed a felony; or\n(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been\ncommitted in his or her presence; or\n(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520,\n189.580, 511.080, or 525.070 has been committed in his or her presence,\nexcept that a violati on of KRS 189A.010 or KRS 281A.210 need not be\ncommitted in his or her presence in order to make an arrest without a warrant\nif the officer has probable cause to believe that the person being arrested has\nviolated KRS 189A.010 or KRS 281A.210;\n(f) Without a warrant when a violation of KRS 508.030 has occurred in a hospital\nwithout the officer's presence if the officer has probable cause to believe that\nthe person being arrested has violated KRS 508.030. As used in this\nparagraph, \"hospital\" includes any pro perty owned or used by a hospital as a\nparking lot or parking garage; or\n(g) Without a warrant when a violation of KRS 235.240(2) has occurred causing\nan accident, occurring outside of the peace officer's presence, involving a\nmotorboat or vessel on the wa ters of the Commonwealth, and resulting in a\nphysical injury or property damage, and a commissioned peace officer has\nprobable cause to determine who the operator of the motorboat or vessel was\nand that operator was intoxicated or under the influence of an y substance that\nimpairs one's ability to operate the motorboat or vessel at the time of the\naccident.\n(2) (a) Any peace officer may arrest a person without warrant when the peace officer\nhas probable cause to believe that the person has intentionally or w antonly\ncaused physical injury to a family member, member of an unmarried couple,\nor another person with whom the person was or is in a dating relationship.\n(b) As used in this subsection, \"dating relationship,\" \"family member,\" and\n\"member of an unmarried couple\" have the same meanings as in KRS\n403.720 and 456.010.\n(3) A peace officer may arrest a person without a warrant when the peace officer has\nprobable caus e to believe that the person is a sexual offender who has failed to\ncomply with the Kentucky Sex Offender Registry requirements based upon\ninformation received from the Law Information Network of Kentucky.\n(4) For purposes of subsections (2) and (3) of thi s section, a \"peace officer\" is an\nofficer certified pursuant to KRS 15.380 to 15.404.\n(5) If a law enforcement officer has probable cause to believe that a person has violated\na condition of release imposed in accordance with KRS 431.064 and verifies that\nthe alleged violator has notice of the conditions, the officer shall, without a warrant,\narrest the alleged violator whether the violation was committed in or outside the\npresence of the officer.\n(6) A private person may make an arrest when a felony has b een committed in fact and\nhe or she has probable cause to believe that the person being arrested has committed\nit.\n(7) If a law enforcement officer has probable cause to believe that a person has violated\nan interpersonal protective order issued under KRS 508.155, then the officer shall,\nwithout a warrant, arrest the alleged violator whether the violation was committed\nin or outside the presence of the officer.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57441","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:45Z","sha256":"366c4881094dd7fbe05534d2d17f8af12822117ccdb86789387e9f8f73552ec8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-43.990","next":"us-ky/krs-431.007"},"notice":"GroundRules: Original legal text. Not legal advice."}