In the state of Kansas, a police officer does not necessarily need a warrant to place an individual under arrest. Any of the following circumstances could merit an arrest:
- The officer has an arrest warrant
- The officer has probable cause to believe a warrant is out for the arrest of the individual
- The officer has probable cause to believe the person has committed a crime
- The officer has witnessed the individual engaged in criminal activity
Even though an officer can arrest a person without a warrant under the assumption of probable cause, they have much more power and authority over the situation if they have an arrest warrant.
When a person has an active arrest warrant against them in Kansas, the police have permission to arrest them on sight and bring them to jail. Even if they have to break through windows or doors to make the arrest.
Officers are able to execute the warrant at any time day or night and at any place that the suspected individual may be. Having an arrest warrant puts a person at risk of being arrested and hauled off to jail at any moment.
If you believe that you or somebody that you know has an active arrest warrant, we recommend that you do a Kansas warrant search to know for sure so that you can take action on your own terms.
Active Warrants in the State of Kansas
Having an active warrant means that the commands of the warrant have not yet been executed. If the warrant is a demand for the subject to be arrested and taken to jail it will remain active and in effect until the person named within is arrested.
Other types of warrants will call for various demands to be met. For example, a warrant to search the premises or personal property of an individual may be issued. The details of the search warrant will vary depending on the circumstances of the situation.
Anybody with an active warrant in Kansas is subject to immediate:
- Arrest and detention
- Search and seizure of property
- Incarceration
Depending on the type of warrant and the severity of the circumstances officers may choose to apprehend the subject with force, or wait for them to show up by way of random police contact.
Types of Warrants in Kansas
Any warrant is a court order signed by a judge that demands an action towards an individual, or group of individuals. Once a warrant is signed into effect it is considered active and law enforcement can act upon it in the manner that is specified within the document.
Although there are many different types of warrants that a judge or magistrate can sign into effect, the main basic three types are:
- Arrest warrants
- Bench warrants
- Search warrants
Each of these types of warrants has its own set of principles and origins. Where arrest warrants and bench warrants are alike because they allow police to arrest the subject of the warrant and bring them to jail, a search warrant will specify a search of the property of the subject.
Regardless of the type of warrant, all have the power to command an action to take place by law enforcment officers at any time.
Warrant Records Search
Arrest Warrants in Kansas
When a person has an arrest warrant in the state of Kansas, officers have the authority to aggresively search for the subject of the warrant and immediately bring them into custody.
In most cases, when a judge or magistrate issues a warrant for the arrest of a defendant it is because the district attorney of the court has already provided enough evidence to file charges against the defendant.
An arrest warrant could be issued by a judge because:
- Investigators discovered evidence that points to the subject
- Police witnessed the subject fleeing a crime scene
- An eyewitness stated that the individual did a crime
- A felony indictment has been initiated
When the district attorney files charges against a defendant they will go to the judge and request that an arrest warrant be issued for the defendant. In most cases, the judge will agree and issue the warrant.
In some situations, police can contact a judge and ask for an arrest warrant against an individual. If the court is closed for the weekend or a holiday law enforcement can contact a judge at any hour in order to get a warrant if the situation is a threat to the safety of the community.
Bench Warrants in Kansas
When a judge or a magistrate issues a bench warrant in Kansas it is because the individual named on the warrant failed to obey a court order. In most cases, the warrant will be written out and signed while the judge is on the bench of the courthouse.
There are many reasons why a bench warrant could be issued, but the most common reasons are:
- Defendant failed to appear at a court hearing
- Defendant failed to pay a fine on time
- Defendant failed to report for jury duty
A bench warrant carries as much power as an arrest warrant, or maybe even more. Although in most cases when a bench warrant is issued the police will not aggressively pursue the person, law enforcement does have the authority to break down doors to arrest the person if necessary.
In many cases, people that have bench warrants don’t even realize it until they are pulled over for a traffic stop and made aware of it by police.
Since a bench warrant can be issued against anybody with a court case the variance in severity will be pretty vast. If a person fighting a murder case is out on bail and they miss a court hearing, the court will make a much bigger deal out of it than a person not appearing for a traffic ticket.
Search Warrants in Kansas
A judge will issue a search warrant against an individual if there is substantial probable cause that points to the individual named in the warrant is involved in a crime, has been involved with a crime, or has evidence of a crime in their possession.
Law enforcement will request a search warrant for the person and the property of an individual if they feel there is probable cause enough to merit the search. Some of the circumstances that could result in the issuance of a search warrant are:
- Suspected sales of illegal drugs
- Suspected sales of illegal firearms
- Suspected possession of stolen property
- Suspected possession of property that has been used in a crime
When officers have a valid search warrant against an individiual they have permission to conduct a search of the permisies of the person and to seize any property that could be deemed evidence in the court.
If a person refuses to allow officers to conduct a search they will be at risk of arrest and persecution of a crime.
Regular Warrant Checks
Because of the way that warrants are established in secrecy, there is no way a person can know for sure whether or not they have one unless they actively search for answers. In many cases the police willl not simply tell you that you have a warrant, they will want you to come down to the station and ask in person. Thanks to the power of technology people don’t have to show up in person to risk arrest. All they have do to is run regular warrant searches ever so often and they will always know for sure.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.