When Police Come to the House
K.S.A. 22-2502 — a warrant on sworn facts that particularly describe the place and the things, and force to enter only for an authorized arrest
A search warrant issues only on an officer's statement under oath that states facts enough to show probable cause that a crime has been, is being or is about to be committed, and that particularly describes the person, place or vehicle to be searched and the things to be seized.
Who handles this in Kansas: Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
- A statement made aloud is taken down by a certified shorthand reporter or recorded before the magistrate, and put in writing as soon as possible.
- Before ruling, the magistrate may have the officer appear and may question the officer and any witnesses under oath.
- A warrant for a tracking device runs no more than 30 days from installation, and each extension no more than 30 days.
All necessary and reasonable force may be used to enter a building or property to make an authorized arrest.
The Fourth Amendment draws its firmest line at the entrance to a home, and the Supreme Court of the United States has held where it falls in situations police meet at a door. Absent consent or exigent circumstances, officers may not enter a home without a warrant to make a routine felony arrest. Where one occupant consents to a search of a shared home and another who is physically present expressly refuses, the search is unreasonable as to the one who refused. And officers may enter without a warrant when they have an objectively reasonable basis for believing someone inside is seriously injured or imminently threatened with such injury. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
How a warrant is served is also measured by the Fourth Amendment. The Supreme Court of the United States has held that whether officers knocked and announced their presence before entering is part of whether the entry was reasonable, and that the knock and announce principle forms part of that analysis rather than being a rigid rule without exceptions. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (6)
- K.S.A. 22-2502 — Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of electronic communications and tracking devices
- K.S.A. 22-2405 — Method of arrest
- Payton v. New York, 445 U.S. 573 (1980) — Warrantless entry into a home to make a routine arrest is barred
- Georgia v. Randolph, 547 U.S. 103 (2006) — A present occupant's refusal defeats another occupant's consent
- Brigham City v. Stuart, 547 U.S. 398 (2006) — Police may enter to render emergency aid
- Wilson v. Arkansas, 514 U.S. 927 (1995) — Knocking and announcing is part of whether an entry is reasonable
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.