What are the requirements for a search warrant?

In Kansas, law enforcement personnel must have probable cause to obtain a search warrant for a suspected drug crime. This means that they must have reasonable grounds to believe that criminal activity is occurring, such as evidence linking a suspect to the alleged crime. In order to receive a search warrant, law enforcement must submit an affidavit or complaint to a judicial officer or judge. This affidavit must include the facts leading the law enforcement officer to believe a crime has been committed. This affidavit must also include the place to be searched and the items to be seized. Once the affidavit is submitted, the judge or judicial officer will make a determination about the probable cause and, if found sufficient, will issue the search warrant. The search warrant must detail the items and areas to be searched and seized, as well as the items that may be taken. In Kansas, a search warrant must be executed within 10 days of its issue date. Law enforcement must share the search warrant with the person whose property is being searched prior to executing it. Additionally, law enforcement must provide a copy of the search warrant and a receipt of the items taken during the search to the person whose property was searched.

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