I was told that under Kansas Statutes I am entitiled as a defendant charged in a case, to a copy of the search warrant and affidavit used to get it.
I know there are problems with the warrants and I would like to have a copy of the what the city has.
So last week I went to the police dept and requested a copy of the search warrants and affidavits.
The police told me I am not entitiled to those and they do not fall under the freedom of information act.
I told them I believe under Kansas statutes I am intitiled to the copies. I was then told that according to the Freedom Of information act that they would have 3 days to get the copies to me. I agreed and filed a formal request for the search documents.
I waited 5 days and returned to the police dept.
This time I was told I would need my attorney to request the search warrant and affidavit as part of the discovery and I cannot have it. I told them no, the paperwork my attorney has, has been manipulated by the prosecutor and I want my own copies.
I was then told by the officer the City Attorney has not agreed to give me a copy of my search warrant and I can only have it as part of the discovery that my attorney has, therefore my attorney must request it.
Why should I have to have my attorney request the copies? As A defendant arent I allowed to collect my own evidence in my defense?
Are my rights being denied here? can the City attorney legally deny me the right to have a copy of a search warrant in a case that I am a defendant in?
Don't I have a right as a defendant charged in a case to have a copy of the search warrant and affidavit that was filed by the officer getting the warrant?