Kansas Warrant Search

Kansas Warrant Search
What is Kansas Warrant Search?
How To Conduct a Warrant Search in Kansas
Are Kansas Warrant Records Publicly Accessible?
How Are Warrants Issued in Kansas?
Common Types of Warrants in Kansas
How Long Are Warrants Valid in Kansas?
How To Find Out If You Have a Warrant in Kansas
FAQ

Carrying out a warrant search in Kansas means looking for warrant records in state and federal databases to see if there are any outstanding warrants against a specific person. A warrant record typically contains the following details: the subject's name, date of birth, offense, charge, bond information, and court information. You may conduct a warrant search as part of due diligence or personal research.

What is Kansas Warrant Search?

Warrant searches in Kansas are conducted to locate warrants that have been issued and/or executed in the state. Judges or magistrates in Kansas have the authority to authorize a warrant, which can be applied for in person. Warrants are court-issued documents that give police enforcement the authority to carry out particular actions, such as conducting a search, seizing property, or making an arrest. Arrest, search, and bench warrants are some of the most common warrants in the state. In Kansas, warrants are essential for investigating crimes and enforcing the law.

Per the Kansas Open Records Act (KORA), warrant records in Kansas are public records that anyone in the state can access. The Act guarantees that public agencies comply with public requests to view or receive records that they produce, gather, or keep. However, some warrant information is not readily available. Specifically, the public does not have access to any warrant information related to an ongoing investigation or juvenile records.

How To Conduct a Warrant Search in Kansas

In Kansas, people have many options while searching for warrants. The Kansas Bureau of Investigation (KBI) website allows anyone interested in statewide warrant records in Kansas to look for active warrants. The KBI has a most wanted list, which includes individuals who have warrants that have been issued by district courts. Residents of the state can look through the list and can get in touch with law enforcement if they come across such people.

The public may also contact the local courts to ask about issued warrants. They will need to provide a name or case number. A person can also look up warrants using various court search tools, like online databases and courthouse terminals.

County Sheriff's Offices and Local Police Departments

In Kansas, police departments and county sheriff's offices usually keep track of active arrest warrants. To find out if a warrant has been issued for an individual, you may speak with the warrants unit or records division of the relevant office in person, via mail, or over the phone.

Online databases and lists of active arrest warrants are also maintained by numerous police agencies and sheriff's offices. Some agencies that provide such lists include:

Are Kansas Warrant Records Publicly Accessible?

With a few notable exceptions, Kansas warrants are considered public information. Public agencies are required by the Kansas Open Records Act (KORA) to comply with public requests to view or access records they generate, gather, or keep. However, federal laws, state regulations, or court rules may limit the use of such warrants. The following information is not accessible to the general public in Kansas:

Affidavits and testimonies: Until a search warrant is executed and the parties to the case consent to disclosure, written and verbal testimonies and affidavits submitted under oath to request warrants are not regarded as public records.
Criminal Investigation: Generally speaking, information obtained during an investigation, such as warrants and other reports, is not made public.
Juvenile Records: Certain records created and gathered during juvenile proceedings are not available to the general public, including warrants.
Search warrants issued for tracking devices: The court seals these warrants, which are only revealed during criminal discovery.

How Are Warrants Issued in Kansas?

Kansas district and municipal court judges issue warrants after the warrant application is reviewed. The peace officer who makes the request must prepare and submit a warrant application to the judge. The application must include the name or description of the subject of the warrant and the grounds for the warrant. The judge reviews the application and decides whether there is probable cause. If all legal requirements are met, the court will grant the warrant.

Probable Cause Determination

Before a court will issue a warrant, law enforcement must first establish probable cause. This can be based on oral or written witness statements, tangible evidence discovered during an investigation, or other reliable information. The peace officer obtaining the warrant must provide an affidavit outlining the facts and circumstances that have led them to believe there is probable cause. Probable cause is defined as reasonable grounds that lead law enforcement to believe an individual may have committed a crime and want to investigate the issue further.

Issuance by a Judge or Magistrate

After establishing probable cause, the next step is to get a warrant. The law enforcement officer's application, which must include probable cause and any supporting documentation, must be presented to a judge in an authorized court. The judge will consider the application and sign the warrant allowing the proposed action if the application is deemed adequate.

Entry into Law Enforcement Databases

Warrant information is routinely added to different law enforcement databases after it is issued in Kansas. The Kansas Bureau of Investigation (KBI) adds warrants to its most wanted list, and it is available to anybody who wishes to see them. Warrants are also listed in the local databases of numerous sheriff's offices and law enforcement agencies throughout the state.

Common Types of Warrants in Kansas

Judges in Kansas issue different types of warrants, each with a distinct purpose. The following are the most common types issued in the state:

Arrest Warrants: District and municipal judges, as well as magistrate judges, may issue arrest warrants to apprehend and hold people who are suspected of committing crimes.
Search Warrants: These give law enforcement the right to search people, places, and other objects and to seize any evidence they find without infringing on people's rights. Search warrants assist law enforcement in locating and preserving vital evidence of crimes.
Bench Warrants: Judges typically issue bench warrants when defendants are found in contempt of court, fail to appear in court, break parole or probation, or disregard court directions. These warrants force criminals to show up for court appearances or fulfill their obligations under the law.
Capias Warrants: These warrants enable law enforcement to detain an individual until their court appearance.

Arrest Warrants in Kansas

An arrest warrant in Kansas is a court order directing sheriffs, police officers, and other authorized officials to capture and hold a defendant who is accused of breaking the law. Judges in district and municipal courts have the authority to issue a warrant if they discover probable cause (strong evidence) that the accused person may have committed or is likely to commit a crime.

An arrest warrant needs to include the judge's signature, the defendant's name or an adequate description of them, and the offenses or infractions for which they are being sought. Kansas arrest warrants are valid until the defendant is apprehended, surrenders, or the judge revokes the warrant due to exonerating evidence.

Bench Warrants

A judge may issue a bench warrant if a person fails to appear in court as required by a summons, subpoena, or court order. A Kansas bench warrant may also be issued when someone violates the conditions of probation, parole, or a suspended sentence. It directs law enforcement to apprehend the noncompliant party and bring them before the court.

Search Warrants

A Kansas search warrant is a court order that gives police officers permission to search specific areas and people and seize any evidence they find. An officer must provide a written or spoken declaration under oath that persuades the judge that there is probable cause to search a defendant or their property. The warrant lists the name of the issuing magistrate or court, the date and hour of issuance, the location, and the objects to be searched.

Capias Warrants

When someone is found guilty by the court, doesn't pay a fine, or doesn't obey specific orders within the given period, the judge may issue a capias warrant. This warrant gives police the authority to detain an individual until they can appear in court. Paying the fine or serving the required amount of time are typically the only methods to get this warrant lifted. Capias warrants fall into one of two categories: pro fine or civil. A civil capias is used in civil proceedings, while a capias pro fine is used in criminal prosecutions.

How Long Are Warrants Valid in Kansas?

The validity periods of Kansas warrants vary. Individual arrest warrants remain in effect until their subject is taken into custody, turns themselves in, or satisfies their unpaid debt. Search warrants, on the other hand, are valid for 10 days (240 hours) from issuance. If a judge approves a search warrant for a tracking device, the gadget must be installed within 15 days and used for no more than 30 days, unless the court allows an extension.

How To Find Out If You Have a Warrant in Kansas

Depending on the kind of warrant, there are various ways to find out if you have an active one in Kansas. You may contact the county sheriff's office, police department, or court in the area where the warrant was most likely issued to find out whether you have an arrest or bench warrant. Warrant inquiries are handled by specialized sections in the majority of agencies. They may also run online databases and lists, and are accessible via mail, phone, and in person.

If you are the subject of a search warrant, you may be able to locate it by calling court clerk offices, using terminals at courthouses, or using online case search tools. Anyone whose belongings or property were taken during the search must have a copy of the warrant left with them by the police. Therefore, it is unlikely that you will be unaware of an active search warrant against you.

FAQ

Can Police Search Your Car Without a Warrant in Kansas?

In Kansas, the following factors give police the right to search your car without a warrant:

Probable Cause: The police may search your car if they have probable cause to believe that a crime has been committed. This might be because you were speeding, or their K-9 has alerted them to the presence of illegal drugs in your vehicle. This could lead them to search the trunk, back seat, driver's seat, storage, and other containers that might be hiding illegal goods or proof of criminal activity.
Consent: If you permit a police officer to search your car, they may do so without a warrant. By saying "yes" to a request to search your car, you have given up your Fourth Amendment rights. They can now use everything they find, no matter how minor, against you. Note that refusing a search cannot be seen as probable cause.
Plain View: A police officer may search your car without a warrant if they believe you have committed a crime based on what they see, hear, or smell.
Search Incident to Arrest: If you've been arrested, the police may search your vehicle to make sure there are no weapons or other items that could endanger them.
Inventory Searches After a Tow: If your car is towed, police may conduct an inventory search to document your belongings. They have the right to use whatever negative material they find against you.

How Long Does It Take to Get a Search Warrant in Kansas?

The length of time it takes to obtain a search warrant in Kansas depends on several factors, including the urgency of the issue, the availability of a judge or magistrate, and the intricacy of the case. After obtaining the evidence required to establish probable cause, law enforcement can often obtain the documents needed for a warrant application in a matter of hours. It is possible to expedite and grant a search warrant in less than an hour in urgent cases, particularly those that involve imminent risk or the possible destruction of evidence.

What Happens After a Search Warrant Is Executed?

In Kansas, the procedure of obtaining, carrying out, and returning search warrants is governed by K.S.A. 22-2502-22-2530. To prevent violating someone's rights, Kansas law enforcement officials are required to adhere to certain legal restrictions when executing search warrants. Except in situations when no-knock warrants are issued, they must knock and announce themselves before entering.

Additionally, Kansas law allows law enforcement to search anyone on specific property and condones the use of force when carrying out warrants. The property owners must also receive a copy of the warrant.

The law requires that a report be prepared and given to the issuing judge. The report should describe the objects that were confiscated as well as how the search was conducted. In certain situations, the owner of the property that was searched will receive a copy of the report.