![]() If you are a passenger, you can ask if you are free to leave. Both drivers and passengers have the right to remain silent.In Kansas, however, the general odor of alcohol alone is not justification to search a vehicle. But if an officer believes your car contains evidence, your car can be searched without your consent. If an officer asks to look inside your car, you can refuse to consent to the search.Upon request, show your driver's license, registration and proof of insurance.Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Stop the car in a safe place as quickly as possible.Q: What if law enforcement officers stop me in my car? You should not physically resist, but you have the right to refuse consent for any further search. An officer may "pat down" your clothing if they suspect a weapon or unlawful object.For the avoidance of doubt, always clarify whether you are able to refuse a search. You do not have to consent to a search of yourself or your belongings, and officers should inform you of your right not to consent.If you are under arrest, you have a right to know why. If the officer says yes, calmly and silently walk away. Keep your hands where the officer can see them. Don't argue, resist or obstruct the officer even if you are innocent or your rights are being violated. Q: What if law enforcement officers stop me on the street? Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.Keep in mind that lying to a government official is a crime but remaining silent until you consult with a lawyer is not.Anything you say to a law enforcement officer can be used against you and others.Q: What if I speak to law enforcement officers anyway? If an officer asks for your identifying information, confirm with the officer first that you are being required to provide that information.Under Kansas law if an officer stops and asks you to identify yourself, you may be required to identify yourself.Q: Are there any exceptions to the general rule that I do not have to answer questions? Do not continue the conversation or allow an officer to engage you on a different topic, otherwise they will be able to use what you say even though you had asked to remain silent. In Kansas, you have to clearly invoke your right to remain silent.It is a good idea to talk to a lawyer before agreeing to answer questions.You cannot be punished for refusing to answer a question.In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.No, you have the constitutional right to remain silent.Q: Do I have to answer questions asked by law enforcement officers? The Kansas Racial Justice Network has re-published this guidance with Kansas-specific law in order to help Kansans better understand their rights and to serve as a specific reference guide in the event of a police encounter in our State. This Know Your Rights Q+A was created by the ACLU to help individuals nationwide to understand their rights in response to police searches and arrests. Court allows Kansas Two Step case to move forward.ACLU of Kansas argues probation shouldn’t depend on ability to pay fines.Organizers launch ‘Vote Neigh’ to boost the reproductive justice movement ahead of the Aug.IN CASE YOU MISSED IT: What ACLU of Kansas Wants You to Know.Further Readingįor more on the knock-and-announce rule, see this Northwestern University Journal of Criminal Law and Criminology article, this University of San Francisco Law Review article, and this Missouri Law Review article. This includes situations in which officers suspect that announcing their presence would be dangerous, futile, or result in the destruction of evidence. Wisconsin, the Supreme Court held that an officer is not required to knock and announce if doing so would be unreasonable. Michigan, the Supreme Court held that the violation of the knock-and-announce rule does not justify excluding evidence related to the violation of this rule. Arkansas, the Supreme Court held that whether the knock-and-announce principle was adhered to constitutes one factor that a court must consider. When a lawsuit is filed over an officer's entry into a home, a court conducts an inquiry into whether the entry was reasonable. In Wilson v. Instead, the officer must first knock, identify himself or herself and his or her intent, and wait a reasonable amount of time for the occupants to let him or her into the residence. Under the common law knock-and-announce rule, a police officer executing a search warrant generally must not immediately force his or her way into a residence.
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