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  1. #1
    Join Date
    Nov 2006
    Posts
    17

    Default Am I Entitled To A Copy Of The Search Warrant

    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?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,059

    Default Re: Am I Entitled To A Copy Of The Search Warrant?

    You are allowed access to these documents through your attorney. In most states, the police are under NO obligation to release affidavits and such to the defendant.

    Ask your attorney for a copy.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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