22-2506. Execution of search warrants. (a) A search warrant shall be executed within 96 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 subsection (a)(2) of K.S.A. 22-2502, 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 subsection (a)(2) of K.S.A. 22-2502, 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" have the same meanings as defined in K.S.A. 22-2502, and amendments thereto.
History: L. 1970, ch. 129, § 22-2506; L. 2013, ch. 118, § 4; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 25 - Search And Seizure
22-2503 Territorial and time 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.
22-2517 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.
22-2526 Same; order, contents.
22-2527 Same; order; issuance; specifications required; duration; extensions; disclosure.