If you are a Kansas resident looking for a way to check if you have any outstanding warrants in your name, this article provides the right avenues to explore.
In Kansas, warrants are legal documents authorizing law enforcement officials to arrest or detain residents suspected of committing crimes.
There are different reasons to obtain warrants, such as securing jobs, applying for loans, or informing yourself. Conducting a thorough warrant search in Kansas more or less helps you avoid trouble.
Overview of warrants in Kansas
Kansas Statutes 22-2401 explicitly state the guidelines for arrests made by law enforcement officers.
Under this statute, a state trooper or sheriff's deputy may apprehend an individual if there is a warrant for their detention or probable cause to suspect that the individual has committed or is about to commit a crime.
Here are other instances when law enforcers can apprehend or detain residents:
● If a police officer believes that failure could result in a case's destruction or loss of evidence
● If a person is deemed mentally unstable or poses a threat to themselves or society
● If an officer witnesses them committing a crime
Probable cause in Kansas
According to K.S.A. 8-2118, probable cause is the most critical factor to consider when making an arrest without a warrant, seeking the release of a detention order, or obtaining a search warrant.
Like the United States Supreme Court, Kansas courts agree that arrests lacking probable cause are unreasonable.
A warrant's probable cause is often based on the evidence from the investigating agency and witness testimonies.
Before issuing a warrant, the court evaluates if the evidence is sufficient to conclude that a criminal act occurred and that there is reason to believe the allegations against the suspect.
The general execution of warrants in Kansas
According to the K.S.A. 22-2405, the police can execute an active arrest warrant at any moment of the day or night if they believe the suspect committed a felony.
It also permits them to use various methods to restrain the suspect and defend themselves if the suspect gets violent.
The force level used to execute warrants depends on the type of warrant issued, the crime involved, and the suspect's actions during the operation.
Furthermore, the law embraces no-knock warrants in special situations when the police believe the suspect may flee the state, destroy evidence, or try to harm the police officers in the team if they announce their presence during a search raid.
Types of Warrants in Kansas
Kansas arrest warrants
Police officers require an arrest warrant to apprehend and detain an unwilling or unsuspecting criminal in custody. A judge or magistrate must assess whether there is adequate reason for the arrest based on the officer's testimony before issuing an arrest warrant.
It is vital to note that in Kansas, an arrest warrant must include the name of the person to be arrested and can be revoked if the law enforcement agency provides inaccurate information. Arrest warrants are typically used to detain people in non-emergency and private settings.
Kansas bench warrants
Judges often issue bench warrants in Kansas when a defendant has violated court rules. They are commonly issued when the defendant fails to appear in court. Other reasons for a bench warrant may include failing to appear in court to testify upon subpoena or failing to pay child support.
Kansas fugitive warrants
A fugitive warrant, also called a "Fugitive from Justice Warrant," is issued by Kansas judges to apprehend individuals who flee after committing a crime in a different jurisdiction.
For instance, if a person commits a crime in one state and runs to another state to evade arrest, a fugitive warrant may be issued for their arrest.
Usually, when a person is detained with a fugitive warrant, they will be extradited to the jurisdiction where the offense was committed to face trial and punishment.
Kansas search warrants
In Kansas, a search warrant can only be obtained by law enforcement with the consent of an impartial magistrate. To convince the magistrate, the authorities must prove there is cause to believe that a specific location is where criminal activity or evidence can be found.
It is essential to mention that this information is provided to the magistrate along with affidavits, which are written declarations that include observations or reports from police informants or private individuals made under oath.
Where to obtain Kansas warrant information at county and state levels
Top counties where you can retrieve your warrant information include:
● Johnson County: It has an active online database which you can access HER
● Sedgwick County: Access its online warrant search system here.
● Shawnee County: Visit the sheriff's department located at 320 S Kansas Ave STE 200, Topeka, KS 66603, or contact the office using this number, (785) 251-2200, to request your warrants.
● Wyandotte County: The sheriff's department is located at 710 N 7th St, K.C, KS 66101 if you prefer to go in person to request your warrant information. Alternatively, contact the office at (913) 573-2861.
As is evident above, not all counties have active databases for warrants in Kansas.
If you need help getting relevant information from the county, you can contact the state or federal organizations that maintain warrants in Kansas. Top offices to contact include:
Once you suspect you have a warrant out on your name, brief your legal advisor about what is going on and wait for them to get you more information about the warrants.
Then you can either turn yourself into the agency or allow your attorney to negotiate on your behalf.
Whichever decision you make, do not turn yourself in before speaking with your legal advisor; it could have devastating results.