In re Habeas Corpus Application of Danko

The opinion of the court was delivered by This is an appeal by the petitioner, Michael Danko, from an order and judgment of the District Court of Riley County, denying Danko's petition for a Writ of Habeas Corpus and ordering him remanded to the custody of the appropriate authorities of the State of Arkansas for extradition. Three issues are raised: Whether the extradition documents are sufficient to satisfy petitioner's Fourth Amendment right to a judicial determination of probable cause; whether the petitioner was illegally [240 Kan. 432] detained in Kansas beyond the 30-day period allowed by K.S.A. 22-2715; and whether the Arkansas extradition warrant was defective on its face because it failed to allege that Danko was in Arkansas at the time the offenses were committed.