KANSAS STATUTES AND CODES

22-2502. Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of telefacsimile communications.

22-2502

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 25.--SEARCH AND SEIZURE

22-2502. Search warrants; issuance; proceedings authorized; availabilityof affidavits and testimony in support of probable cause requirement; use oftelefacsimile communications.(a) A search warrant shall be issued only upon the oral or writtenstatement, including those conveyed or received by telefacsimilecommunication, of any person under oath or affirmation which states factssufficient to show probable cause that a crime has been or is beingcommitted and which particularly describes a person, place or means ofconveyance to be searched and things to be seized. Any statement whichis made orally shall be either taken down by a certified shorthandreporter, sworn to under oath and made part of the application for asearch warrant, or recorded before the magistrate from whom the searchwarrant is requested and sworn to under oath. Any statement orally madeshall be reduced to writing as soon thereafter as possible. If themagistrate is satisfied that grounds for the application exist or thatthere is probable cause to believe that they exist, the magistrate mayissue a search warrant for the seizure of the following:

(1) Any things which have been used in the commission of a crime, orany contraband or any property which constitutes or may be considered apart of the evidence, fruits or instrumentalities of a crime under thelaws of this state, any other state or of the United States. The term"fruits" as used in this act shall be interpreted to include anyproperty into which the thing or things unlawfully taken or possessedmay have been converted.

(2) Any person who has been kidnapped in violation of the laws ofthis state or who has been kidnapped in another jurisdiction and is nowconcealed within this state.

(3) Any human fetus or human corpse.

(4) Any person for whom a valid felony arrest warrant has been issuedin this state or in another jurisdiction.

(b) Before ruling on a request for a search warrant, the magistratemay require the affiant to appear personally and may examine under oaththe affiant and any witnesses that the affiant may produce. Suchproceeding shall be taken down by a certified shorthand reporter orrecording equipment and made part of the application for a search warrant.

(c) Affidavits or sworn testimony in support of the probable causerequirement of this section shall not be made available for examinationwithout a written order of the court, except that such affidavits ortestimony when requested shall be made available to the defendant or thedefendant's counsel for such disposition as either may desire.

(d) As used in this section, telefacsimile communication means the use ofelectronic equipment to send or transfer a copy of an original document viatelephone lines.

History: L. 1970, ch. 129, § 22-2502;L. 1973, ch. 142, § 1;L. 1976, ch. 164, § 1;L. 1979, ch. 90, § 9;L. 1981, ch. 151, § 1;L. 1992, ch. 128, § 17; July 1.