What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Kansas?
Under the Kansas Constitution, an arrest is generally taking a person into custody with the intent of detaining them to answer for an alleged offense or violation of the law. The legal provisions for making arrests in Kansas are established under Section 22-2401 of the Kansas Statutes Annotated (K.S.A.). Per the law, arrests involve the actual restraint of a person or the person's submission to the custody of a law enforcement officer.
Kansas Statutes supports and incorporates the protections of the Fourth Amendment for arrests. Both laws set out specific procedures and requirements for making arrests. The Fourth Amendment generally protects citizens from unreasonable searches and seizures by government officials, including law enforcement officers, during arrests. Per the Fourth Amendment and the Kansas Statutes, arrest is justified when the officer has probable cause or a valid arrest warrant issued by a judge or magistrate. The arrest warrants must be specific, describing the person to be arrested and the crime.
Several scenarios may result in arrests in Kansas. Law enforcement officers may arrest a person for committing a criminal offense of shoplifting at a store. A judge may issue an arrest warrant for an individual suspected of burglary after reviewing evidence presented by the police. Officers may apprehend an individual without a warrant if they have probable cause to believe that the person has assaulted another at the scene of a domestic disturbance. Police may arrest for public order offenses if the person is found intoxicated and causing a disturbance in a public park.
Several legalities govern the arrest process in Kansas, ensuring that an individual's constitutional rights are protected while enabling law enforcement to maintain public order. They typically include:
- Custody and Control: Custody refers to restricting a person's freedom of movement by authorized persons. Once in custody, arrested persons are under the control of police officers.
- Legal Authority: The legal authority for all arrests in the state comes from warrants and probable cause. Section 22-2401 gives officers the legal authority to arrest individuals based on warrants issued by a judge or with warrants based on probable cause that the person committed the crime.
- Miranda Rights: Kansas law enforcement officers generally must inform arrested persons of their Miranda rights after arrests but before custodial interrogation. Police officers must notify arrested persons of their right to remain silent, anything said can and will be used against them in court, and the right to an attorney and a court-appointed attorney when the arrested person cannot afford one.
- Restraint and Transport: During arrest, law enforcement officers must use restraints to secure the person during transport, especially if the person poses a significant risk to themselves or police officers. Restraint generally involves using handcuffs to immobilize the person during transport. After securing arrested persons, law police officers convey the person in a police vehicle to a local police station or detention center.
- Booking Process: The booking process generally commences at the detention facility. Police officers document the arrests and formally process the individual into the criminal justice system. The booking process typically includes collecting personal information, fingerprints, and mugshots. It also requires documenting the charges filed and confiscating any personal items in the person's possession.
Arrests and detention are legal actions by law enforcement officers to restrict an individual's freedom. However, they differ in terms of purpose, duration, and rights. Arrests are based on probable cause. The purpose of arrests is to formally charge a person for a crime, which may lead to lengthier periods in custodial holdings depending on the nature of the arrests. During arrests, arrested persons are generally entitled to certain rights, including their Miranda rights. Detention, on the converse, is a temporary restriction of a person's freedom by law enforcement to investigate criminal activity. Detention does not require Miranda rights before interrogation. Detention does not result in criminal charges or a criminal record unless further evidence is uncovered during the investigation.
What is Unlawful Arrest in Kansas?
An unlawful arrest in Kansas occurs when law enforcement officers do not comply with the legal standards or procedures required by state and federal laws for making arrests. Unlawful arrests are made without probable cause and infringe upon constitutional rights. In Kansas, several factors may render an arrest unlawful, including:
- Lack of Probable Cause: Probable cause justifies all arrests in Kansas. Officers must have sufficient proof or evidence to reasonably believe that a person has committed a crime before making an arrest. Arrests based on suspicion rather than probable cause are unlawful.
- Violation of Constitutional Rights: For arrests to be lawful, they must not contravene the constitutional rights of the arrested persons. The Fourth and Fifth Amendments protect individuals from unreasonable search and seizures and citizens' rights from self-incrimination. Any arrest that violates these rights renders the arrest unlawful.
- Arrest Without a Warrant: Law enforcement officers require a warrant for arrest unless the officer witnesses the crime or has probable cause to believe a felony has been committed. Where an officer arrests someone without a warrant or probable cause, the arrest is considered unlawful.
- Procedural Violations: When an officer fails to follow established protocols during arrests, such as failing to identify themselves or not informing arrested persons of their rights, the arrest is deemed unlawful.
- Racial Profiling and Discrimination: Racial profiling is discrimination against a person based on ethnicity, religion, or nationality. Arrests based on discriminatory factors such as race, sexual orientation, or age rather than on their behavior or credible information are unlawful.
Unlawful arrests generally have legal implications for law enforcement officers and their agencies. One immediate effect of unlawful arrests is that any evidence collected is excluded from use in court. Any evidence collected in violation of an individual's constitutional rights is inadmissible in court. Similarly, criminal charges stemming from unlawful arrests may be dismissed in court. Furthermore, persons unlawfully apprehended have the right to file civil lawsuits against the officers involved. Under 42 U.S.C. § 1983, individuals may seek compensatory or punitive damages for violations of their constitutional rights by government officials.
Are Arrest Records Public in Kansas?
Arrest records are open records in Kansas. The Kansas Open Records Act (KORA) governs access to governmental records, including arrest records. Per Section 45-218 of the Act, all public records, including arrest records, are open for inspection and copying by the public unless such records are restricted from the public by law. Arrest records generally contain information accessible to the public. This information typically includes:
- Personal information, including the name, age, gender, and physical description of the arrested individual
- The arrest details
- The specific charges filed
- The booking information
- Bail and detention information
- The court information
Accessibility of mugshots as part of arrest records varies across different states. In some states, mugshots are not public records and are closed to the public. States that restrict access to mugshots do so to protect individuals from potential harm that may arise from making the images public. In Kansas, arrest records are public records accessible under open records laws.
Although the KORA permits public access to arrest records, certain sensitive or protected information is restricted to maintain privacy or protect the integrity of pending legal proceedings. Therefore, juvenile arrest records, sealed or expunged arrest records, and arrest records as part of an ongoing investigation are unavailable to the public. Likewise, personal identifiers of arrest records are closed to the public. Sensitive personal information such as social security numbers, medical information, driver's license numbers, and bank accounts or credit information are redacted from public records to protect privacy and prevent exploitation or fraud.
What are the Types of Arrest Records in Kansas?
Arrest records are generally created and maintained by various law enforcement agencies at the county and state levels. The type of arrest records available and the agencies responsible for keeping the records differ based on the jurisdiction and the level of the crime.
Arrest records at the county level are maintained by local law enforcement agencies such as local police departments and county sheriff's offices. These agencies compile and keep records of arrests occurring within their jurisdiction. Local police departments maintain records of arrests within city limits, while county sheriff's offices handle arrests outside of city limits, usually in unincorporated parts of the county. Arrest records at the county level do not reflect a person's entire arrest history, especially if the arrest occurs in multiple counties.
At the state level, arrest records are kept by the Kansas Bureau of Investigation (KBI). The KBI is responsible for handling statewide law enforcement data. It maintains a more comprehensive history of an individual's encounters with the criminal justice system across the state. It compiles arrest data from local law enforcement agencies across the state.
Where are Arrest Records Kept in Kansas?
Arrest records contain detailed information about individuals arrested and are kept by various law enforcement agencies and institutions at different levels of government. The following institutions generally keep records of arrests in Kansas:
- Local Police Departments and Sheriff's Offices: Local police departments and county sheriff's offices across Kansas maintain arrest records for incidents within their jurisdiction. Local law enforcement agencies have a records division that keeps arrest records.
- Kansas Highway Patrol (KHP): The KHP enforces traffic laws while promoting safety across Kansas highways. Arrests by the KHP focus on violations on the highways and also have the authority to maintain public peace across the state. The KHP - typically maintains records of arrests relating to traffic violations, felonies, drug-related offenses, and DUI and substance impairment.
- Kansas Bureau of Investigation (KBI): The KBI serves as the central repository for criminal history information, including arrest records. It collects and maintains comprehensive arrest records from local law enforcement agencies across Kansas.
- Kansas Courts: The courts keep records of arrests that lead to legal proceedings. The records typically include charges filed, case disposition, and arrest warrants.
- Federal Agencies: Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), maintain arrest records for federal offenses committed in Kansas. The FBI maintains a database, the National Crime Information Center (NCIC), containing information on criminal records nationwide, including arrests and warrants issued in Kansas.
- Correctional Facilities: The Kansas Department of Corrections, and federal correctional institutions, such as the Kansas City Residential Reentry Management, Federal Correctional Institution Leavenworth, and the North Central Regional Offices, maintain records of persons incarcerated within their facilities following an arrest.
How To Find Public Arrest Records in Kansas?
Persons interested in accessing arrest records may use various official channels, depending on the nature of the arrest and the agency involved, to obtain the record. Also, some third-party websites generally offer public access to arrest records. Arrest records are typically accessible through:
Kansas Bureau of Investigation
Attn: Criminal History Records Section
1620 SW Tyler
Topeka, KS 66612-1837
- Local Police Departments and Sheriff's Offices: Accessing arrest records at this level is by contacting the department or sheriff's office directly. Most police departments and county sheriff's offices have a records division where records seekers may submit record requests. Also, some larger police departments and county sheriff's offices have online portals where arrest records may be requested or searched.
- Kansas Bureau of Investigation (KBI): Access to arrest records from the KBI is through a fingerprint-based record check or a name-based record check. Fingerprint-based record checks require record seekers to submit a complete set of fingerprints using the Applicant's fingerprint cards (FBI form FD-258). It costs $45.00 for fingerprint-based record checks. Mail the request to:
A name-based request for arrest records is through the Criminal History Record Checks online. Record seekers must create a KanAccess account to access the reports. There is a service fee of $30.00 to access the record online.
- Kansas Courts: The Kansas Judicial Branch provides online access to arrest records through its Kansas District Court Public Access Portal provided by the Kansas Judicial Branch. Alternatively, arrest records from the courts are accessible at the courthouse where the case is handled. Most courthouses across Kansas provide public terminals reserved for public searches of court case information, including arrest records.
- Third-Party Websites: Arrest records are generally accessible through various online platforms, including third-party websites. Third-party websites such as RecordsFinder aggregate data from public records sources, including federal, state, and county databases, making them a convenient option to access available arrest records. However, third-party sites may not always have the most up-to-date or accurate information.
How Long Do Arrests Stay on the Record in Kansas?
Arrest records remain on an individual's record indefinitely unless the record holder takes legal steps to have them sealed or expunged. Kansas's law does not offer automatic deletion of arrest records after predetermined periods. Arrest records are only wiped off when the record holder actively petitions the court to have the record erased or hidden from the public.
How To Seal or Expunge an Arrest Record in Kansas?
Unlike most states, Kansas does not provide a separate process to seal arrest records -where the records are hidden from the public but remain accessible to certain parties. Kansas law only provides for the expungement of arrest records. Expungement is the legal process of removing arrests or convictions from public view. Expungement destroys the records as if they never existed. Expunged records are closed to the public and inaccessible to law enforcement and certain agencies.
Sections 22-2410, 12-4516, and 21-6614 of the Kansas Statutes outline the legal process for expunging arrest records in the state. Generally, arrest records eligible for expungement include:
- No charges were filed, the charges dismissed, or the individual was found not guilty in a trial
- The individual completed their sentence after conviction
- The individual was discharged from supervision, probation, or parole
- The record holder completed a diversion agreement or specialty court program
For arrests without arrest charges or the case dismissed, the record holder may apply to expunge the arrest records after one year. For convictions, the waiting times depend on the severity of the crime. There is a three-year waiting period for lesser offenses, such as misdemeanors and non-violent felonies, and a five-year wait for more crimes, such as Class A, b, or C felony and non-grid felonies. The waiting period begins after completing the sentence, probation, or other court-imposed obligations.
Expunging arrest records begins by filing a petition for expungement at the District Court where the arrest or conviction occurred. The petitioner must notify the prosecutor and other parties to the case of their intention to expunge the records. Sometimes, the court may require a hearing to determine if the expungement requests should be granted. If the judge approves the petition, the clerk of court mails a certified order of expungement to the KBI, where the arrest record is removed from public databases.
