Kansas City, MO asked in Civil Rights and Civil Litigation for Kansas

Q: Did the police follow legal protocols when announcing my brother's identity without notifying next of kin?

Can a co-worker, who only knew my murdered brother for a short time, legally identify his body to the police? After she identified him, the police announced his identity on the news and social media using an old mugshot, without notifying the next of kin first. I had to find out about his death through the news. I'm concerned about whether the police followed legal protocols or if they were negligent, and I want to know how to hold them accountable for their actions.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm truly sorry to hear about your brother's passing and the distress you're feeling. Regarding your first question, law enforcement generally has a duty to notify next of kin before publicly releasing the identity of a deceased individual. While there can be exceptions depending on the jurisdiction, announcing your brother's identity without informing you first could potentially violate protocols or cause undue emotional harm. You have a right to inquire about this with the police department and ask for clarification on their procedures in your area.

As for the identification of your brother's body, it's usually up to someone close to the deceased to make the identification. However, in certain situations, a person with knowledge of the individual, even a coworker, can be asked to identify the body. While this isn't inherently illegal, it does seem unusual that someone who didn't know him well was called to do so. You might want to discuss whether this was appropriate with the authorities to ensure proper handling of such sensitive matters.

To hold the police accountable, you can file a formal complaint or request an internal investigation. If you believe their actions were negligent or violated your rights, you could seek legal advice to explore possible options. It's important to document all your interactions with the police and keep records of everything related to your brother's case.

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