Are Warrants Public Record in Kansas?
Yes. Warrants in the state of Kansas are public records in accordance with Kansas Open Records Act KSA 45-215 et. seq. The statute was created to establish that the public in Kansas has access to all public records managed by all levels of government. The Kansas Open Records Act guarantees that members of the public in Kansas have access to all public records preserved by all levels of government. Warrants are typically considered judicial records but may be featured within Kansas criminal records even though they are not definitive proof of the record holder’s involvement in a crime.
What is Considered a Warrant in Kansas?
Warrants are official documents issued to permit an action that would otherwise be considered illegal or a violation of civil rights. In Kansas, a warrant may be issued by a court magistrate, a judge, or any other qualified judicial authority to aid investigative and judicial processes.
There are different warrants that can be issued in Kansas, and they include:
- Search warrants: Orders signed by a judge that authorize law enforcement officers to search and seize specific items found at a particular location.
- Arrest warrants: Issued in Kansas when the government suspects certain people of committing an offense and believes that they must be apprehended immediately. When a new criminal case is initiated, a new warrant may be issued.
- Bench warrants: Typically issued for the arrest of people who missed court. Judges issue this warrant when a court case is underway.
- Tax Warrants: These are released by the Kansas Department of Revenue when people fail to pay taxes. They allow the government to claim the subject's assets or personal property to satisfy unpaid taxes.
However, before any competent authority issues a warrant, there must be a sufficient reason to believe that issuing it is necessary and justifiable. This is known as "probable cause".
How to Find Out if You Have a Warrant in Kansas?
Knowing whether a warrant exists or not can help a person avoid penalties and take action to have it withdrawn. There are many ways for people to check for existing warrants in Kansas. The fastest is to conduct an internet warrant search.
The first places to obtain warrant information are the official state and local government sites. Although the state does not have a centralized database for warrants, some counties do. Therefore, anyone looking to find Kansas warrants may check a local county's website. On this website, legal, law enforcement, and health and safety pages are some of the most common sections that provide information about performing a warrant search. Alternatively, a user may enter the query "Warrant Search" into the site's search bar.
Not all counties provide these online services. As such, it may be impossible to find Kansas County warrant records online through that means. When this is the case, interested persons may contact the clerk of any state court via phone. The caller will have to provide a name or other case information such as date of birth, social security number, and case number. Even though most court documents are public records, case documents relating to specific case categories, such as juvenile delinquency, domestic violence, and family cases, may be classified and restricted. Anyone with an outstanding warrant from such cases must contact an attorney or a bail bond agent instead.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
Interested persons may also seek warrant records in person, particularly in counties where such records are not available online. For this, interested individuals must visit the courthouse to use the publicly available computers or call the clerk's office to obtain warrant data.
People who find a valid search warrant against them must immediately consult a qualified attorney to help resolve it. Some warrants, such as traffic warrants, may simply require the payment of a fine.
How Long Does a Warrant Stay Active in Kansas?
Generally, arrest warrants do not expire in Kansas. An arrest warrant only expires when the subject of the warrant dies or when law enforcement agents apprehend the subject. However, in some cases, a judge who initially issued the arrest warrant may recall it with reason.
On the other hand, Kansas search warrants expire after the search has been carried out or when 96 hours pass after the issuance of the warrant.
How Long Does It Take to Get a Warrant in Kansas?
According to the Kansas Office of Revisor of Statutes code 22-2506. Execution of search warrants, a search warrant must be carried out within 240 hours from when it has been issued. If the warrant is carried out and no one is accessible, a duplicate copy must be left at the location where the items were seized, or it must be left with the individual whose items have been confiscated. Any warrant that is not executed within that time period is void and must be returned to the magistrate who issued it. Such a warrant will be tagged as unexecuted.
How Do Search Warrants Work in Kansas?
In Kansas, a court magistrate issues search warrants to allow law enforcement officers to search a person's property. This warrant also enables the police to seize weapons or other items used to perpetrate a crime, contraband items, kidnap victims, and human corpses. Also, officers may seize a person named in a felony arrest warrant within or outside the state.
According to Kansas Statutes § 22-2502, before a magistrate can issue a search warrant, there must be a written or oral statement by an officer under oath, which must include the following:
- Sufficient information relating to the crime that was or is being committed
- Sufficient description of the persons involved
- Sufficient description of the place of the crime
How Does a Kansas Search Warrant Become Invalid?
Once a magistrate issues a search warrant in Kansas, it must be executed within four days (96 hours), beyond which it becomes void and must be returned to the court as "not executed". If a search warrant is successfully executed and the property seized, the officers who executed the warrant must leave a duplicate copy with the person whose property was seized. If there are no people available, they must leave a duplicate copy of the warrant at the search site.
How to Conduct an Active Warrant Search in Kansas
Various counties provide information on active warrant searches to members of the public. An individual seeking to conduct an active warrant search may do so by contacting a local county in person, via a phone call, or through the county’s website. A person can go to the Kansas Bureau of Identification, the regional clerk of courts office, or even the sheriff's department of a county to learn more about warrants in the state. For instance, a person conducting a warrant search in Johnson County may visit the Johnson County Sheriff’s Office Website to get information on an active warrant search.
Free Warrant Search Options in Kansas
Individuals seeking to carry out free warrant searches in Kansas may do so by utilizing the online services provided by various law enforcement agencies, which is the quickest way to obtain warrant records within Kansas. For instance, Sedgwick County, through the Sheriff’s Office, offers members of the public free warrant search services online. However, it is important to note that free search warrants may not contain certified records, but are generally informational in nature. Individuals may also make use of third-party websites that offer free warrant search services to members of the public for a more considerable search. However, results gotten from these searches may not be entirely accurate or complete.
Arrest Warrant in Kansas: Rules of Procedure
Under Kansas Statutes § 22-2401, law enforcement officers can arrest a person under these conditions:
- When the officer bears a valid arrest warrant
- When a competent authority within the state or in another jurisdiction has issued an arrest warrant against someone for a felony crime
- When the officer believes that the person has committed or is in the process of committing a felony
- When the police believe that the person has or is committing a misdemeanor and that the evidence of the crime may be lost, or more people and property may suffer harm, if the person is not arrested promptly
- When the officer witnesses the crime, except for traffic, cigarette, and tobacco crimes
An arrest warrant in Kansas is an order by a judge directing law enforcement officers to find, seize, and keep a person in custody. It is generally issued at the filing of a criminal case. Depending on the scope of the warrant, law enforcement officers may also be able to search and seize private property.
Child Support Arrest Warrants in Kansas: What You Need to Know
In Kansas, a court may issue a child support arrest warrant against individuals who failed to fulfill court-ordered child support obligations. At first, when the court is notified of the nonsupport, it may issue a citation for contempt, ordering the defaulting parties to present themselves at a court hearing. If the court establishes that such parties have been served but still refused to appear, the court may issue an arrest warrant.
Kansas Bench Warrants: Issuing and Arrests
The Kansas courts may issue bench warrants for persons who fail to appear on a court summons or subpoena, or are believed to have gone into hiding to avoid a court process. The bench warrant orders the sheriff to ensure the court appearance of such a person. Typically, a bench warrant does not require additional authorization or verification before it can be enforced. As such, if suspecting that a bench warrant has been issued in one's name, it is better to confirm it through a warrant search and take the necessary steps to quash it. Usually, the warrant cannot be suppressed until the subject shows up in court.
Failure to Appear in Kansas: Rules and Consequences
According to Kansas Statutes § 21-5915, "failure to appear" describes a situation where persons charged with a misdemeanor or felony and released on bond for appearance refuse to show up in court or make themselves available within 30 days of the non-appearance. Note that the law considers individuals who have been released on their own recognizance (without bail) to have been released on bond.
Ordinarily, refusing to appear in court or show up within the 30-day grace period amounts to a "failure to appear" offense in Kansas. However, a resident can be charged with a failure to appear when they do not respond to a court summons for a traffic citation. The court will also consider it a misdemeanor failure to appear if someone forfeits a cash bond which they paid to secure bail for a traffic, cigarette, or tobacco offense.
In Kansas, a failure to appear is a class B nonperson misdemeanor. However, when the original charge is a felony, it becomes an aggravated failure to appear, which Kansas classifies as a severity level 10, nonperson felony.
Aside from the court issuing a bench warrant to arrest someone who missed their court date, other penalties may also apply for a failure to appear. For instance, the court may revoke driver's licenses and impose additional fines and fees.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Kansas?
The exact jail penalty that a person faces for missing court depends on the circumstances of the case. According to Kansas Statutes § 61-3608, a person who misses a court appearance and makes no attempt to attend court within the next 14 days may be charged with contempt of court.
If the court then determines the default to be a genuine contempt of court, such a person may incur a jail term of up to 30 days or a fine determined by the court.
Failure to Pay in Kansas: How It Works
In Kansas, Failure to Pay occurs when someone ordered by the court to pay an amount fails to make such payments. This mostly arises from civil proceedings, e.g., child and spousal support cases, traffic cases, etc.
For instance, in child support cases, upon failing to pay support, the court will serve the defaulter with an Order to Appear for Failure to Pay through a county sheriff or a private server. Once such an order is received and the person fails to appear on the due date, the court may release a warrant for their arrest.
No-Knock Warrant in Kansas: General Laws
A no-knock warrant in Kansas is a legal order that allows law enforcement officers to enter a property without first notifying the owner or occupants, usually by using forceful methods. A judge may issue a no-knock warrant if it is believed that the evidence that the law enforcement officers hope to retrieve may be easily destroyed while they identify themselves.
How to Perform a Federal Warrant Search
The United States Marshals Service of the US Department of Justice handles and oversees the Warrant Information System (WIN), which contains warrants, court documents and internal correspondence pertinent to the warrant. This also includes other details on the individuals for whom the federal warrants have been opened. However, all documents recorded in the WIN are not accessible to members of the public. They are safeguarded against unauthorized access by suitable administrative, physical, and technical measures. Just the privileges required to complete specified duties are available to Warrant Information System users. However, the general public may access various privately owned databases that compile information about public warrants into a single resource, usually for a fee.
Does Kansas DMV Check for Warrants?
The Kansas DMV is not required to look for unpaid warrants. An arrest warrant issued by a Kansas court will instead be submitted to the state DMV after it has been issued. Then, until the warrant is recalled, the person's license can be suspended. An individual's license will likely be suspended as a result of an outstanding warrant in the state of Kansas.
