Kansas Code of Criminal Procedure
K.S.A. Chapter 22 - Article 25 - Search & Seizure
Last Amended 7/1/22
22-2502 Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of telefacsimile communications.
22-2503 Territorial limitations on execution of certain search warrants.
22-2504 Issuance of search warrant.
22-2505 Persons authorized to execute search warrants.
22-2506 Execution of search warrants.
22-2507 Command of search warrant.
22-2508 Use of force in execution of search warrant.
22-2509 Detention and search of persons on premises.
22-2510 When search warrant may be executed.
22-2511 No warrant quashed for technicality.
22-2512 Custody and disposition of property seized.
22-2514 Authorized interception of wire, oral or electronic communications; definitions.
22-2515 Same; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications.
22-2516 Same; application for order, form and contents; issuance of order; contents; duration; extension; recordation of intercepted communications; custody of application and order, disclosure; inventory, notice to certain persons; evidentiary status of int...
22-2517 Unlawful interception of wire or oral communication; evidentiary status of contents.
22-2518 Same; civil action for damages; defense available in civil and criminal actions.
22-2519 Reports by judges and prosecutors to administrative office of federal courts.
22-2520 Strip and body cavity searches; definitions.
22-2521 Same; strip searches; limitations; report.
22-2522 Same; body cavity searches; warrant; limitations.
22-2523 Same; liability for unlawful search.
22-2524 Same; prison and jail inmates, exceptions.
22-2525 Authorized installation or use of pen register or a trap and trace device; order required, exception.
22-2526 Same; order, contents.
22-2527 Same; order; issuance; specifications required; duration; extensions; disclosure.
22-2528 Same; responsibilities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity.
22-2529 Same; definitions.
22-2530 Copy of search warrant to property owner.
22-2531 (Tentative statute number ) Wildlife and parks surveillance on private property.
22-2502. Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of electronic communications.
(a) A search warrant shall be issued only upon the oral or written statement, including those conveyed or received by electronic communication, of any person under oath or affirmation which states facts sufficient to show probable cause that a crime has been, is being or is about to be committed and which particularly describes a person, place or means of conveyance to be searched and things to be seized. Any statement which is made orally shall be either taken down by a certified shorthand reporter, sworn to under oath and made part of the application for a search warrant, or recorded before the magistrate from whom the search warrant is requested and sworn to under oath. Any statement orally made shall be reduced to writing as soon thereafter as possible. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the magistrate may issue a search warrant for:
(1) the search or seizure of the following:
(A) Any thing that can be seized under the fourth amendment of the United States constitution;
(B) Any thing which has been used in the commission of a crime, or any contraband or any property which constitutes or may be considered a part of the evidence, fruits or instrumentalities of a crime under the laws of this state, any other state or of the United States. The term "fruits" as used in this act shall be interpreted to include any property into which the thing or things unlawfully taken or possessed may have been converted;
(C) any person who has been kidnapped in violation of the laws of this state or who has been kidnapped in another jurisdiction and is now concealed within this state;
(D) Any human fetus or human corpse;
(E) any biological material, DNA, cellular material, blood, hair or fingerprints;
(F) Any person for whom a valid felony arrest warrant has been issued in this state or in another jurisdiction;
(G) (i) Any information concerning the user of an electronic communication service; any information concerning the location of electronic communications systems, including, but not limited to, towers transmitting cellular signals involved in any wire communication; and any other information made through an electronic communications system.
(ii) The jurisdiction granted in this paragraph shall extend to information held by entities registered to do business in the state of Kansas, submitting to the jurisdiction thereof, and entities primarily located outside the state of Kansas if the jurisdiction in which the entity is primarily located recognizes the authority of the magistrate to issue the search warrant; or
(2) the installation, maintenance and use of a tracking device.
(b) (1) The search warrant under subsection (a)(2) shall authorize the installation and use of the tracking device to track and collect tracking data relating to a person or property for a specified period of time, not to exceed 30 days from the date of the installation of the device.
(2) The search warrant under subsection (a)(2) may authorize the retrieval of the tracking data recorded by the tracking device during the specified period of time for authorized use of such tracking device within a reasonable time after the expiration of such warrant, for good cause shown.
(3) The magistrate may, for good cause shown, grant one or more extensions of a search warrant under subsection (a)(2) for the use of a tracking device, not to exceed 30 days each.
(c) Before ruling on a request for a search warrant, the magistrate may require the affiant to appear personally and may examine under oath the affiant and any witnesses that the affiant may produce. Such proceeding shall be taken down by a certified shorthand reporter or recording equipment and made part of the application for a search warrant.
(d) For a warrant executed prior to July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be made available for examination without a written order of the court, except that such affidavits or testimony when requested shall be made available to the defendant or the defendant’s counsel for such disposition as either may desire.
(e) (1) For a warrant executed on or after July 1, 2014, affidavits or sworn testimony in support of the probable cause requirement of this section or search warrants for tracking devices shall not be open to the public until the warrant has been executed. After the warrant has been executed, such affidavits or sworn testimony shall be made available to:
(A) The defendant or the defendant’s counsel, when requested, for such disposition as either may desire; and
(B) any person, when requested, in accordance with the requirements of this subsection.
(2) Any person may request that affidavits or sworn testimony be disclosed by filing such request with the clerk of the court. The clerk of the court shall promptly notify the defendant or the defendant’s counsel, the prosecutor and the magistrate that such request was filed. The prosecutor shall promptly notify any victim.
(3) Within five business days after receiving notice of a request for disclosure from the clerk of the court, the defendant or the defendant’s counsel and the prosecutor may submit to the magistrate, under seal, either:
(A) Proposed redactions, if any, to the affidavits or sworn testimony and the reasons supporting such proposed redactions; or
(B) a motion to seal the affidavits or sworn testimony and the reasons supporting such proposed seal.
(4) The magistrate shall review the requested affidavits or sworn testimony and any proposed redactions or motion to seal submitted by the defendant, the defendant’s counsel or the prosecutor. The magistrate shall make appropriate redactions, or seal the affidavits or sworn testimony, as necessary to prevent public disclosure of information that would:
(A) Jeopardize the safety or well being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence;
(B) reveal information obtained from a court-ordered wiretap or from a search warrant for a tracking device that has not expired;
(C) interfere with any prospective law enforcement action, criminal investigation or prosecution;
(D) reveal the identity of any confidential source or undercover agent;
(E) reveal confidential investigative techniques or procedures not known to the general public;
(F) endanger the life or physical safety of any person;
(G) reveal the name, address, telephone number or any other information which specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 2013 Supp. 21-6419 through 21-6422, and amendments thereto;
(H) reveal the name of any minor;
(I) reveal any date of birth, personal or business telephone number, driver’s license number, nondriver’s identification number, social security number, employee identification number, taxpayer identification number, vehicle identification number or financial account information; or
(J) constitute a clearly unwarranted invasion of personal privacy. As used in this subparagraph, ‘‘clearly unwarranted invasion of personal privacy’’ means revealing information that would be highly offensive to a reasonable person and is totally unrelated to the alleged crime that resulted in the issuance of the search warrant, including information totally unrelated to the alleged crime that may pose a risk to a person or property and is not of legitimate concern to the public. The provisions of this sub- paragraph shall only be used to redact and shall not be used to seal affidavits or sworn testimony.
(5) Within five business days after receiving proposed redactions or a motion to seal from the defendant, the defendant’s counsel or the prosecutor, or within 10 business days after receiving notice of a request for disclosure, whichever is earlier, the magistrate shall either:
(A) Order disclosure of the affidavits or sworn testimony with appropriate redactions, if any; or
(B) order the affidavits or sworn testimony sealed and not subject to public disclosure.
(6) (A) If the magistrate orders disclosure of the affidavits or sworn testimony with appropriate redactions, if any, to any person in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record and shall be accessible to the public.
(B) If the magistrate orders the affidavits or sworn testimony sealed and not subject to public disclosure in accordance with the requirements of this subsection, then such affidavits or sworn testimony shall become part of the court record that is not accessible to the public.
(C) Any request for disclosure of affidavits or sworn testimony in accordance with the requirements of this subsection shall become part of the court record and shall be accessible to the public, regardless of whether the magistrate orders disclosure with appropriate redactions, if any, or sealing of the requested affidavit or sworn testimony.
(f) As used in this section:
(1) "electronic communication" means the use of electronic equipment to send or transfer a copy of an original document,
(2) "electronic communication service" and "electronic communication system" have the meaning as defined in K.S.A. 22-2514, and amendments thereto;
(3) "tracking data" means information gathered or recorded by a tracking device;
(4) "tracking device" means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of a person or object. "Tracking device" includes, but is not limited to, a device that stores geographic data for subsequent access or analysis and a device that allows for the real-time monitoring of movement; and
(5) ‘‘victim’’ shall include any victim of an alleged crime that resulted in the issuance of the search warrant, or, if the victim is deceased, the victim’s family, as defined in K.S.A. 74-7335, and amendments thereto.
(g) Nothing in this section shall be construed as requiring a search warrant for cellular location information in an emergency situation pursuant to K.S.A. 22-4615, and amendments thereto.
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; L. 2010, ch. 70, § 4, L. 2011, ch. 100, § 5, L. 2013, ch. 118, § 2; L. 2014, ch. 139, § 4; L. 2015, ch. 90, § 3; L. 2016, ch. 75, § 2; July 1.
22-2503. Territorial limitations on execution of certain search warrants.
(a) Except as provided in subsections (b) and (c), search warrants issued by a district magistrate judge may be executed only within the judicial district in which the judge resides or within the judicial district to which the judge has been assigned pursuant to K.S.A. 20-319, and amendments thereto.
(b) Search warrants issued pursuant to K.S.A. 22- 2502(a)(2), and amendments thereto:
(1) That are issued by a district judge may be executed anywhere within the state; and
(2) shall be valid during the time period specified by the warrant regardless of whether the tracking device or the subject person or property leaves the issuing jurisdiction.
(c) Warrants issued for electronically stored information, electronic devices or media capable of storing electronically stored information located within Kansas authorize the transfer of such information, devices or media for further examination and review to anywhere within the state of Kansas or outside the state of Kansas at
any time after the seizure unless otherwise specified in the warrant. The provisions of this subsection shall apply prospectively to warrants issued after July 1, 2019.
(d) As used in this section, "tracking data" and "tracking device" have the same meanings as defined in K.S.A. 22-2502, and amendments thereto.
History: L. 1970, ch. 129, § 22-2503; L. 1976, ch. 163, § 3; L. 1979, ch. 96, § 1; L. 2013, ch. 118, § 3; L. 2019, ch. 30, § 1; July 1.
22-2504. Issuance of search warrant.
All search warrants shall show the time and date of issuance and shall be the warrants of the magistrate issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. Such warrants may be transmitted by electronic communication, as defined in K.S.A. 22-2502, and amendments thereto. The statement on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed."
History: L. 1970, ch. 129, § 22-2504; L. 1992, ch. 128, § 18; L. 2010, ch. 70, § 5, July 1.
22-2505. Persons authorized to execute search warrants.
A search warrant shall be issued in duplicate and shall be directed for execution to all law enforcement officers of the state, or to any law enforcement officer specifically named therein.
History: L. 1970, ch. 129, § 22-2505; July 1.
22-2506. Execution of search warrants.
(a) A search warrant shall be executed within 240 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any things are seized or if no person is available the copy shall be left at the place from which the things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the magistrate issuing the same as "not executed."
(b) (1) A search warrant for a tracking device issued pursuant to K.S.A. 22-2502 (a)(2), and amendments thereto, shall be sealed by the court and no copy left or served except as discovery in a criminal prosecution.
(2) The law enforcement officer executing a search warrant issued pursuant to K.S.A. 22-2502 (a)(2), and amendments thereto, shall complete the installation of the tracking device within 15 days from the date of issuance. Such officer shall record on such warrant the exact date and time such tracking device was installed and the entire period during which such tracking device was used.
(3) (A) A tracking device shall be deactivated and removed as soon as practicable after the search warrant has expired. If removal of such tracking device is not possible, such tracking device shall be deactivated and shall not be reactivated without an additional warrant or extension of the original warrant and the search warrant return shall state the reasons removal has not been completed.
(B) A tracking device which has been deactivated may be accessed after the authorized warrant has expired solely for the purpose of collecting or retrieving tracking data obtained during the period specified by the search warrant.
(c) As used in this section:
(1) "Deactivate" means to discontinue the ability of a tracking device to determine or track the position or movement of a person or object; and
(2) "tracking data" and "tracking device" mean the same as defined in K.S.A. 22-2502, and amendments thereto.
History: L. 1970, ch. 129, § 22-2506; L. 2013, ch. 118, § 4; L. 2022, ch. 78, § 4; L. 2022, ch. 92, § 4, July 1.
22-2507. Command of search warrant.
A search warrant shall command the person directed to execute the same to search the person, place or means of conveyance particularly described in the warrant and to seize the things particularly described in the warrant.
History: L. 1970, ch. 129, § 22-2507; July 1.
22-2508. Use of force in execution of search warrant.
All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.
History: L. 1970, ch. 129, § 22-2508; July 1.
22-2509. Detention and search of persons on premises.
In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time:
(a) To protect himself from attack, or
(b) To prevent the disposal or concealment of any things particularly described in the warrant.
History: L. 1970, ch. 129, § 22-2509; July 1.
22-2510. When search warrant may be executed.
A search warrant may be executed at any time of any day or night.
History: L. 1970, ch. 129, § 22-2510; July 1.
22-2511. No warrant quashed for technicality.
No search warrant shall be quashed or evidence suppressed because of technical irregularities not affecting the substantial rights of the accused.
History: L. 1970, ch. 129, § 22-2511; July 1.
22-2512. Custody and disposition of property seized.
(a) Property seized under a search warrant or validly seized without a warrant shall be safely kept by the agency seizing the property unless otherwise directed by the magistrate, and shall be so kept as long as necessary for the purpose of being produced as evidence on any trial. If no criminal charges are filed or prosecution is declined, the property shall be returned to its rightful owner or disposed of in accordance with this section. The property seized may not be taken from the agency having it in custody so long as it is or may be required as evidence in any trial. The officer seizing the property shall give a receipt to the person detained or arrested particularly describing each article of property being held. When property is seized under a search warrant, the officer seizing the property shall file a copy of such receipt with the magistrate who issued the search warrant. Such copy may be filed
electronically in a manner and form prescribed by the court. When seized property is no longer required as evidence in the prosecution of any indictment or information, the court that has jurisdiction of such property may transfer the property to the jurisdiction of any other court, including courts of another state or federal courts, if it is shown to the satisfaction of the court that such property is required as evidence in any prosecution in such other court.
(b) (1) Notwithstanding the provisions of subsection (a) and with the approval of the affected court, any law enforcement officer who seizes dangerous drugs or hazardous materials as evidence related to a criminal investigation may collect representative samples of such dangerous drugs or hazardous materials, and lawfully destroy or dispose of, or direct another person to lawfully destroy or dispose of the remaining quantity of such dangerous drugs or hazardous materials.
(2) In any prosecution, representative samples of dangerous drugs or hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to verify and document the identity and quantity of the drigs or materials shall be deemed competent evidence of such drugs or materials and shall be admissible in any proceeding, hearing or trial as if such drugs or materials had been introduced as evidence.
(3) As used in this section:
(A) "Dangerous drugs" means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105
65-4107, 65-4109 and 65-4111, and amendments thereto;
(B) "hazardous materials" means any substance that is capable of posing an unreasonable risk to health, safety and property. It shall include any substance that by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological hazard or a material that may cause spontaneous combustion. It shall include, but not be limited to, substances listed in the table of hazardous materials contained in the code of federal regulations title 49 and national fire protection association's fire protection guide on hazardous materials; and
(C) "representative sample" means an amount large enough to contain a testable amount of a substance without destroying the sample completely.
(4) The provisions of this subsection shall not apply to ammunition and components thereof.
(c) When seized property is no longer required as evidence, it shall be disposed of as follows:
(1) Property stolen, embezzled, obtained by false pretenses, or otherwise obtained unlawfully from the rightful owner thereof shall be restored to the owner;
(2) money shall be restored to the owner unless it was contained in a slot machine or otherwise used in unlawful gambling or lotteries, in which case it shall be forfeited, and shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto;
(3) property that is unclaimed or the ownership of which is unknown shall be sold at public auction to be held by the sheriff or the sheriff’s designee and the proceeds, less the cost of sale and any storage charges incurred in preserving it, shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto;
(4) articles of contraband shall be destroyed, except that any such articles the disposition of which is otherwise provided by law shall be dealt with as so provided and any such articles the disposition of which is not otherwise provided by law and which may be capable of innocent use may in the discretion of the court be sold and the proceeds disposed of as provided in subsection (c)(3);
(5) explosives, bombs and like devices, that have been used in the commission of crime, may be returned to the rightful owner, or in the discretion of the court having jurisdiction of the property, destroyed or forfeited to the Kansas bureau of investigation;
(6) (A)except as provided in subsections (c)(6)(B) and (d), any weapon or ammunition, in the discretion of the court having jurisdiction of the property, shall be:
(I) Forfeited to the law enforcement agency seizing the weapon for use within such agency, for sale to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency or for trading to another law enforcement agency for that agency’s use;
(ii) forfeited to the Kansas bureau of investigation for law enforcement, testing or comparison by the Kansas bureau of investigation forensic laboratory;
(iii) forfeited to a county regional forensic science center, or other county forensic laboratory for testing, comparison or other forensic science purposes; or
(iv) forfeited to the Kansas department of wildlife and parks for use pursuant to the conditions set forth in K.S.A. 32-1047, and amendments thereto.
(B) Except as provided in subsection (d), any weapon that cannot be forfeited pursuant to subsection (c)(6)(A) due to the condition of the weapon, and any weapon that was used in the commission of a felony as described in K.S.A. 2013 Supp. 21-5401, 21-5402, 21-5403, 21-5404 or 21-5405, and amendments thereto, shall be destroyed.
(7) controlled substances forfeited for violations of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto, shall be dealt with as provided under K.S.A. 60-4101 through 60-4126 and amendments thereto;
(8) unless otherwise provided by law, all other property shall be disposed of in such manner as the court in its sound discretion shall direct.
(d)(1) If a weapon is seized from an individual and the individual is not convicted of the violation for which the weapon was seized, then within 30 days after the declination or conclusion of prosecution of the case against the individual, including any period of appeal, the law enforcement agency that seized the weapon shall verify where the weapon is stolen. If the weapon is stolen or was seized from an individual whom the agency knows is not the owner of the weapon, the law enforcement agency shall notify the owner of the weapon that such weapon may be retrieved. If the weapon was seized from a juvenile, the agency shall notify the parent or legal guardian of the juvenile that such weapon may be retrieved by the parent or legal guardian. If the agency determines there is no other more appropriate person described in this paragraph to retrieve the weapon, the agency shall notify the person from whom the weapon was seized that such weapon may be retrieved. Such notification shall include the location where such weapon may be retrieved.
(2) If the law enforcement agency determines that the individual authorized to retrieve a weapon pursuant to paragraph (1) is prohibited by state or federal law from possessing the seized weapon, the agency shall notify the individual that the weapon will not be returned due to the disqualifying law, which shall be described in the notice. The law enforcement agency shall not dispose of such weapon for 60 days after the notice was given to provide a period for the individual to bring an action in an appropriate court challenging the agency's determination. The law enforcement agency may dispose of the weapon as provided by law 60 days after the notice described in paragraph (1) is given unless otherwise directed by the court. An owner of a weapon who is prohibited by law from possessing the weapon may either: (A) Request the law enforcement agency to transfer the weapon to a properly licensed federal firearms dealer designated by the owner; or (B) bring an action in an appropriate court to request a court order to transfer the weapon as allowed by law.
(e) If weapons are sold as authorized by subsection (c)(6)(A), the proceeds of the sale shall be credited to the asset seizure and forfeiture fund of the seizing agency.
(f) For purposes of this section, the term "weapon" means a weapon described in K.S.A. 2021 Supp. 21-6301, and amendments thereto.
History: L. 1970, ch. 129, § 22-2512; L. 1973, ch. 106, § 15; L. 1978, ch. 105, § 7; L. 1987, ch. 114, § 1; L. 1994, ch. 348, § 6; L. 1996, ch. 247, § 1; L. 1999, ch. 170, § 2; L. 2009, ch. 32, § 40, L. 2011, ch. 30, § 116, L. 2014, ch. 97, § 13; L. 2022, ch. 23, § 1, July 1.
22-2514. Authorized interception of wire, oral or electronic communications; definitions.
This act shall be a part of and supplemental to the code of criminal procedure. As used in this act:
(1) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications. Wire communication shall include any electronic storage of such communication;
(2) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;
(3) "intercept" means the aural or other acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device;
(4) "persons" means any individual, partnership, association, joint stock company, trust or corporation, including any official, employee or agent of the United States or any state or any political subdivision thereof;
(5) "investigative or law enforcement officer" means any law enforcement officer who is empowered by the law of this state to conduct investigations of or to make arrests for offenses enumerated in this act, including any attorney authorized by law to prosecute or participate in the prosecution of such offenses and agents of the United States federal bureau of investigation, drug enforcement administration, marshals service, secret service, treasury department, customs service, justice department and internal revenue service;
(6) "contents" when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of such communication;
(7) "aggrieved person" means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed;
(8) "judge of competent jurisdiction" means a justice of the supreme court, a judge of the court of appeals or any district judge but does not include a district magistrate judge;
(9) "electronic, mechanical or other device" means any device or apparatus which can be used to intercept a wire, oral or electronic communication other than:
(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of the officer's duties; or
(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;
(10) "communication common carrier" means common carrier, as defined by section 153(h) of title 47 of the United States Code;
(11) "electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system but does not include:
(a) Any wire or oral communication;
(b) any communication made through a tone-only paging device; or
(c) any communication from a tracking device, as defined in section 3117, chapter 205 of title 18, United States Code;
(12) "user" means any person or entity who:
(a) Uses an electronic communication service; and
(b) is duly authorized by the provider of such service to engage in such use;
(13) "electronic communications system" means any wire, radio, electromagnetic, photo-optical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;
(14) "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;
(15) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not:
(a) Scrambled or encrypted;
(b) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;
(c) carried on a subcarrier or other signal subsidiary to a radio transmission;
(d) transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or
(e) transmitted on frequencies allocated under part 25, subpart D, E or F of part 74, or part 94 of the rules of the federal communications commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;
(16) "electronic storage" means:
(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
(b) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and
(17) "aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
History: L. 1974, ch. 150, § 1; L. 1976, ch. 165, § 1; L. 1976, ch. 163, § 4; L. 1976, ch. 165, § 2; L. 1986, ch. 115, § 55; L. 1988, ch. 117, § 1; L. 1995, ch. 92, § 1; July 1.
22-2515. Same; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications.
(a) An ex parte order authorizing the interception of a wire, oral or electronic communication may be issued by a judge of competent jurisdiction. The attorney general, district attorney or county attorney may make an application to any judge of competent jurisdiction for an order authorizing the interception of a wire, oral or electronic communication by an investigative or law enforcement officer and agency having responsibility for the investigation of the offense regarding which the application is made, when such interception may provide evidence of the commission of any of the following offenses:
(1) Any crime directly and immediately affecting the safety of a human life which is a felony;
(2) murder;
(3) kidnapping;
(4) treason;
(5) sedition;
(6) racketeering;
(7) commercial bribery;
(8) robbery;
(9) theft, if the offense would constitute a felony;
(10) bribery;
(11) any felony violation of K.S.A. 2012 Supp. 21-5701 through 21-5717, and amendments thereto;
(12) commercial gambling;
(13) sports bribery;
(14) tampering with a sports contest;
(15) aggravated escape;
(16) aggravated failure to appear;
(17) arson;
(18) terrorism;
(19) illegal use of weapons of mass destruction;
(20) human trafficking or aggravated human trafficking;
(21) sexual exploitation of a child;
(22) commercial sexual exploitation of a child;
(23) buying sexual relations, promoting the sale of sexual relations or selling sexual relations; or
(24) any conspiracy to commit any of the foregoing offenses.
(b) Any investigative or law enforcement officer who, by any means authorized by this act or by chapter 119 of title 18 of the United States code, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(c) Any investigative or law enforcement officer who, by any means authorized by this act or by chapter 119 of title 18 of the United States code, has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of such officer's official duties.
(d) Any person who has received, by any means authorized by this act or by chapter 119 of title 18 of the United States code or by a like statute of any other state, any information concerning a wire, oral or electronic communication, or evidence derived therefrom, intercepted in accordance with the provisions of this act, may disclose the contents of such communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court, or before any grand jury, of this state or of the United States or of any other state.
(e) No otherwise privileged wire, oral or electronic communication intercepted in accordance with, or in violation of, the provisions of this act or of chapter 119 of title 18 of the United States code shall lose its privileged character.
(f) When an investigative or law enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized by this act, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order authorizing the interception of the wire, oral or electronic communication, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (b) and (c) of this section. Such contents and evidence derived therefrom may be used under subsection (d) of this section when authorized or approved by a judge of competent jurisdiction, where such judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this act, or with chapter 119 of title 18 of the United States code.
History: L. 1974, ch. 150, § 2; L. 1976, ch. 165, § 3; L. 1988, ch. 117, § 2; L. 1992, ch. 239, § 250; L. 1993, ch. 291, § 187; L. 2006, ch. 146, § 9; L. 2009, ch. 32, § 41, L. 2013, ch. 120, § 24; July 1.
22-2516. Same; application for order, form and contents; issuance of order; contents; duration; extension; recordation of intercepted communications; custody of application and order, disclosure; inventory, notice to certain persons; evidentiary status of intercepted communications; motion to suppress, appeal.
(1) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing, upon oath or affirmation, to a judge of competent jurisdiction, and shall state the applicant's authority to make such application. Each application shall include the following information:
(a) The identity of the prosecuting attorney making the application, and the identity of the investigative or law enforcement officer requesting such application to be made;
(b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify such applicant's belief that an order should be issued, including (i) details as to the particular offense that has been, is being or is about to be committed, (ii) except as provided in subsection (10), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, and (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;
(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(d) A statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication first has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(e) A full and complete statement of the facts known to the applicant concerning all previous applications made to any judge for authorization to intercept wire, oral or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and
(f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. Oral testimony shall be under oath or affirmation, and a record of such testimony shall be made by a certified shorthand reporter and reduced to writing.
(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing the interception of wire, oral or electronic communications within the territorial jurisdiction of such judge, if the judge determines on the basis of the facts submitted by the applicant that:
(a) There is probable cause for belief that a person is committing, has committed or is about to commit a particular offense enumerated in subsection (1) of K.S.A. 22-2515 and amendments thereto;
(b) there is probable cause for belief that particular communications concerning the offense will be obtained through such interception;
(c) normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and
(d) except as provided in subsection (10), there is probable cause for belief that the facilities from which, or the place where, the wire, oral or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of or commonly used by such person.
(4) Each order authorizing the interception of any wire, oral or electronic communication shall:
(a) Specify the identity of the person, if known, whose communications are to be intercepted;
(b) specify the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;
(c) specify with particularity a description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;
(d) specify the identity of each agency authorized to intercept the communications, and of the person authorizing the application;
(e) specify the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and
(f) upon request of the applicant, direct that a provider of wire communication, electronic communication service, regardless of the location or principal place of business of such provider of electronic communication service, or public utility, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, utility, landlord, custodian or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service or public utility, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or technical assistance.
(5) No order entered under this section may authorize the interception of any wire, oral or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or 10 days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of any such extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this act, and must terminate upon attainment of the authorized objective, or in any event in 30 days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by government personnel, or by an individual operating under a contract with the government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.
(6) Whenever an order authorizing the interception of wire or oral communications is entered pursuant to this act, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.
(7) (a) The contents of any wire, oral or electronic communication intercepted by any means authorized by this act shall be recorded, if possible, on tape or wire or other comparable device. The recording of the contents of any wire, oral or electronic communication under this subsection shall be done in a manner which will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under such judge's directions. Custody of the recordings shall be wherever the judge orders, and the recordings shall not be destroyed except upon order of the issuing or denying judge and, in any event, shall be kept for not less than 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (b) and (c) of K.S.A. 22-2515 and amendments thereto for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral or electronic communication or evidence derived therefrom under subsection (d) of K.S.A. 22-2515 and amendments thereto.
(b) Applications made and orders granted under this act shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for not less than 10 years.
(c) Any violation of the provisions of paragraph (a) or (b) of this subsection may be punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than 90 days after the termination of the period of an order or extensions thereof the issuing or denying judge shall cause to be served on the persons named in the order or the application and, in the interest of justice, such other parties to intercepted communications as the judge may determine, an inventory which shall include notice of:
(i) the fact of the entry of the order or the application;
(ii) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and
(iii) the fact that during the period wire, oral or electronic communications were or were not intercepted.
The judge, upon the filing of a motion in such judge's discretion, may make available to such person or such person's counsel for inspection, such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.
(8) The contents of any intercepted wire, oral or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any federal court or court of this state, unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized. Such ten-day period may be waived by the judge, if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding, and that the party will not be prejudiced by the delay in receiving such information.
(9) (a) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the United States, this state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that:
(i) The communication was unlawfully intercepted;
(ii) The order of authorization under which it was intercepted is insufficient on its face; or
(iii) The interception was not made in conformity with the order of authorization.
Such motion shall be made before the trial, hearing or proceeding, unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this act. Upon the filing of such motion by the aggrieved person, the judge in such judge's discretion may make available to the aggrieved person or such person's counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.
(b) In addition to any other right to appeal, the state shall have the right to appeal:
(i) From an order granting a motion to suppress made under paragraph (a) of this subsection. Such appeal shall be taken within 14 days after the order of suppression was entered and shall be diligently prosecuted as in the case of other interlocutory appeals or under such rules as the supreme court may adopt;
(ii) From an order denying an application for an order authorizing the interception of wire or oral communications, and any such appeal shall be ex parte and shall be in camera in preference to all other pending appeals in accordance with rules promulgated by the supreme court.
(10) The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:
(a) In the case of an application with respect to the interception of an oral communication:
(i) The application is by a law enforcement officer and is approved by the attorney general and the county or district attorney where the application is sought;
(ii) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and
(iii) the judge finds that such specification is not practical; and
(b) in the case of an application with respect to a wire or electronic communication:
(i) the application is by a law enforcement officer and is approved by the attorney general and the county or district attorney where the application is sought;
(ii) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and
(iii) the judge finds that such purpose has been adequately shown.
(11) An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (10) shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (10)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.
(12) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this act involving such communications.
(13) Nothing in this section shall be construed as requiring a search warrant for cellular location information in an emergency situation pursuant to K.S.A. 22-4615, and amendments thereto.
History: L. 1974, ch. 150, § 3; L. 1976, ch. 165, § 4; L. 1988, ch. 117, § 3; L. 2010, ch. 135, § 14, L. 2011, ch. 100, § 6, July 1.
22-2517. Unlawful interception of wire or oral communication; evidentiary status of contents.
Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee or other authority of this state, or a political subdivision thereof, if the disclosure of such information would be in violation of this chapter.
History: L. 1974, ch. 150, § 4; L. 1976, ch. 165, § 5; May 8.
22-2518. Same; civil action for damages; defense available in civil and criminal actions.
(1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater;
(b) punitive damages; and
(c) reasonable attorneys' fees and other litigation costs reasonably incurred.
(2) A good faith reliance by any person on a court order authorizing the interception of any wire, oral or electronic communication shall constitute a complete defense in any civil or criminal action brought against such person based upon such interception.
History: L. 1974, ch. 150, § 5; L. 1988, ch. 117, § 4; July 1.
22-2519. Reports by judges and prosecutors to administrative office of federal courts.
(1) Within thirty (30) days after the expiration of an order entered under K.S.A. 22-2516, or any extension thereof, the judge issuing such order shall report to the administrative office of the U.S. courts such information as is required to be file by section 2519 of title 18 of the United States code. A duplicate copy of such report shall be filed, at the same time, with the judicial administrator of the courts of this state.
(2) In January of each year, the attorney general and each district attorney and county attorney shall report to the administrative office of the United States courts such information as is required to be filed by section 2519 of title 18 of the United States code. A duplicate copy of such report shall be filed, at the same time, with the judicial administrator of the courts of this state.
History: L. 1974, ch. 150, § 6; July 1.
22-2520. Strip and body cavity searches; definitions.
(a) "Strip search" means removing or rearranging some or all of a person's clothing, by or at the direction of a law enforcement officer, so as to permit a visual inspection of the genitals, buttocks, anus or female breasts of such person.
(b) "Body cavity search" means the touching or probing of a person's vaginal or rectal cavity by or at the direction of a law enforcement officer.
History: L. 1981, ch. 149, § 1; July 1.
22-2521. Same; strip searches; limitations; report.
(a) No person detained or arrested solely for the violation of a statute, resolution or ordinance involving a traffic, regulatory or nonviolent misdemeanor offense shall be strip searched unless there is probable cause to believe that the individual is concealing a weapon or controlled substance.
(b) Every strip search conducted by law enforcement officers or employees of a law enforcement agency or department shall be conducted by persons of the same sex as the person being searched and shall be conducted so that the search cannot be observed by any person other than the persons conducting the search, unless the right to privacy is waived by the person being searched.
(c) Every law enforcement officer or employee of a law enforcement agency or department conducting a strip search shall prepare a report of the strip search. The report shall include:
(1) The name and sex of the person searched;
(2) the name and sex of the persons conducting the search;
(3) the time, date and place of the search; and
(4) a statement of the results of the search.
History: L. 1981, ch. 149, § 2; July 1.
22-2522. Same; body cavity searches; warrant; limitations.
(a) A body cavity search shall be conducted only under the authority of a search warrant specifically authorizing a body cavity search.
(b) Every body cavity search shall be conducted by a licensed physician or registered nurse. No person authorized by this subsection to conduct a body cavity search or any person assisting in the performance of such search shall be liable in any civil or criminal action when such search is performed in a reasonable manner according to generally accepted medical practices in the community where performed.
(c) Law enforcement officers may be present during the search, but only those of the same sex as the person on whom a body cavity search is being conducted.
History: L. 1981, ch. 149, § 3; July 1.
22-2523. Same; liability for unlawful search.
(a) If liability is established in any civil action brought under the Kansas tort claims act for violation of subsections (a) or (b) of K.S.A. 22-2521, or K.S.A. 22-2522, the plaintiff shall be entitled to an amount equal to the sum of the following:
(1) Actual damages sustained by the plaintiff;
(2) punitive damages, if the violation was willful, wanton or malicious;
(3) the costs of the action, at the discretion of the court; and
(4) a civil penalty in an amount set by the court of not more than $2,000 for each violation.
(b) At the time of the assessment of the costs of any action to which this section applies, if upon motion, the court finds that plaintiff brought or maintained the action frivolously or in bad faith the court may in its discretion assess against the plaintiff or plaintiffs the costs of the action, to be paid to the defendant or defendants.
History: L. 1981, ch. 149, § 4; July 1.
22-2524. Same; prison and jail inmates, exceptions.
(a) None of the provisions of this act other than subsection (b) of K.S.A. 22-2521 and subsection (c) of K.S.A. 22-2522 shall apply when a person is convicted of a crime and committed to a jail or other institution.
(b) The provisions of this act relating to strip searches other than subsection (b) of K.S.A. 22-2521 shall not apply when a person accused of a crime is committed to a jail or other institution pursuant to a court order, nor when a person accused of a crime is, of necessity, confined with other prisoners in a jail while awaiting appearance before a magistrate.
History: L. 1981, ch. 149, § 5; July 1.
22-2525. Authorized installation or use of pen register or a trap and trace device; order required, exception.
(1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under K.S.A. 22-2527.
(2) The prohibition of subsection (1) shall not apply with respect to the use of a pen register or a trap and trace device by a provider:
(a) Relating to the operation, maintenance and testing of an electronic communication service to the protection of the rights or property of such provider or to the protection of users of that service from abuse of service or unlawful use of service;
(b) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication or a user of such service from fraudulent, unlawful or abusive use of service; or
(c) when the consent of the user of such service has been obtained.
(3) Whoever knowingly violates subsection (1) shall be guilty of a class C misdemeanor.
History: L. 1988, ch. 117, § 6; July 1.
22-2526. Same; order, contents.
(1) An attorney for the government or an investigative or law enforcement officer may make application for an order or an extension of an order under K.S.A. 22-2527 authorizing or approving the installation and use of a pen register or a trap and trace device under K.S.A. 22-2525 through 22-2529 to a court of competent jurisdiction. Such application shall be in writing and shall be under oath or equivalent affirmation.
(2) An application under subsection (1) shall include:
(a) The identity of the attorney for the government or the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation; and
(b) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
History: L. 1988, ch. 117, § 7; July 1.
22-2527. Same; order; issuance; specifications required; duration; extensions; disclosure.
(1) Upon an application made under K.S.A. 22-2526 the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the government or the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
(2) (a) An order issued under this section shall specify:
(i) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(ii) the identity, if known, of the person who is the subject of the criminal investigation;
(iii) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
(iv) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(b) an order issued under this section shall direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under K.S.A. 22-2526.
(3) (a) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(b) Extensions of such an order may be granted but only upon an application for an order under K.S.A. 22-2526 and upon the judicial finding required by subsection (1). The period of extension shall be for a period not to exceed 60 days.
(4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The order be sealed until otherwise ordered by the court; and
(b) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.
History: L. 1988, ch. 117, § 8; July 1.
22-2528. Same; responsibilities of and assistance to authorities by provider, landlord, custodian or other person; compensation; immunity.
(1) Upon the request of an attorney for the government or an investigative or law enforcement officer authorized to install and use a pen register under K.S.A. 22-2525 through 22-2529, a provider, landlord, custodian or other person shall furnish such attorney for the government or investigative or law enforcement officer forthwith all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in K.S.A. 22-2527.
(2) Upon the request of an attorney for the government or an investigative or law enforcement officer authorized to receive the results of a trap and trace device under K.S.A. 22-2525 through 22-2529, a provider, landlord, custodian or other person shall install such device forthwith on the appropriate line and shall furnish such attorney for the government or investigative or law enforcement officer all additional information, facilities and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in K.S.A. 22-2526. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the attorney for the government or investigative or law enforcement officer, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider, its officers, employees or agents, or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under K.S.A. 22-2525 through 22-2529.
(5) A good faith reliance on a court order, a legislative authorization or a statutory authorization shall be a complete defense against any civil or criminal action brought under K.S.A. 22-2525 through 22-2529 or any other law.
History: L. 1988, ch. 117, § 9; July 1.
As used in K.S.A. 22-2522 through 22-2529:
(1) "Court of competent jurisdiction" means a district court or appellate court;
(2) "pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but shall not include any device used by a provider or customer of an electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of an electronic communication service for cost accounting or other like purposes in the ordinary course of its business;
(3) "trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted; and
(4) "attorney for the government" means a county attorney, assistant county attorney, district attorney, assistant district attorney, attorney general or assistant attorney general.
History: L. 1988, ch. 117, § 10; July 1.
22-2530. Copy of search warrant to property owner.
If a search warrant is executed which authorizes a search of real property based upon an alleged offense involving gambling, obscenity, the sale of sexual relations, controlled substances or liquor, a copy of the warrant shall be delivered to the last known address of the owner of the property within two business days, excluding Saturdays, Sundays and legal holidays, after execution of the warrant if such address is different from the address of the property for which the warrant was issued.
History: L. 1990, ch. 114, § 6; L. 2013, ch. 120, § 25; July 1.
22-2531. (Tentative statute number). Wildlife and parks surveillance on private property.
(a) Except as provided in subsection (b), no employee of the Kansas department of wildlife and parks authorized to enforce the laws of the state of Kansas pursuant to K.S.A. 32-808, and amendments thereto, shall conduct surveillance on private property unless authorized pursuant to a lawfully issued warrant, court order or subpoena, the constitution of the United States or one of the following exceptions to the search warrant requirement:
(1) Exigent circumstances;
(2) consent searches; or
(3) the plain view doctrine.
(b) The provisions of subsection (a) shall not apply to any activities of:
(1) A wildlife biologist or a bio-technician when the primary purpose of the surveillance is to track wildlife movement or migration; or
(2) an employee of the Kansas department of wildlife and parks when the primary purpose of the surveillance is to locate and retrieve a missing person.
(c) As used in this section:
(1) "Surveillance" means the installation and use of electronic equipment or devices on private property, including, but not limited to, the installation and use of a tracking device, video camera or audio recording device, to monitor activity or collect information related to the enforcement of the laws of the state of Kansas.
(2) "Tracking device" means the same as defined in K.S.A. 22-2502, and amendments thereto.
History: L. 2022, ch. 78, § 2; July 1.