WHAT IS AN IMPROPER SEARCH & SEIZURE IN KANSAS CRIMINAL CASES

Did you know that the Kansas police have rules too? In fact, you may not feel like it but, the rights are yours to have and protect. Where law enforcement exceeds their authority, to search or seize, they may have violated your United States and Kansas constitutional rights. If so, in a criminal case, you may have some or all of the evidence against you suppressed or excluded. That can make or break the case against you. Here are some ways they may have violated you:

• A lawful traffic search turns into a search of your entire car and/or it's contents without probable cause or reasonable suspicion;
• Their search warrant allows them to search your car and they search your home;
• A search carried out without a warrant or otherwise lawful reason;
• Taking you into custody without a warrant and/or probable cause;
• Obtaining your credit card, cellphone, bank records, etc. without warrant;
• Demanding DNA testing without authorization via warrant; and more.

Remember: If the police have just cause to search or seize you or your belongings they don't have to, and won't, ask you to allow it. BUT you can waive all of your rights by granting them the consent to search. Then they do not need a warrant, probable cause or reasonable suspicion. As a result, whatever comes of that process likely will be allowed as evidence in the criminal case against you.

How do you protect yourself? Respectfully decline or object to searches and seizures, if asked for permission. Your attorney will then address this in court if Kansas law enforcement unlawfully proceeded. If you are not asked then your only option is to raise your objections by motion to the Court. 

Johnson County, Kansas police, and other law enforcement (sheriff, highway patrol, FBI, etc.), do make mistakes. Even if you think the case against you is rock solid, you should have a lawyer review the discovery (i.e. the State's evidence against you) to see if your 4th Amendment or other rights have been violated.  Attorney T. Morton is available to talk NOW (913) 602-7288. Payment plans are available.