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Kansas Civil Rights Questions & Answers
0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please exp

On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please explain clearly to me what this means: The court notes the parties' responses to the court's show cause order.

This court lacks original jurisdiction over this... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: Can an officer in KS stop someone on the street walking and search them for what they say is safety and no explanation.

Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.

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answered on Oct 22, 2024

In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If the police department illegally breaks in your back door and you catch them

And the kbi actually takes your case and convicts The police officers in a court of law 4 illegally breaking and entering and criminal damage to property and the 2 police officers get fired do you have a basis to Sue for civil rights since it was your house they broke into even though the KB I has... View More

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answered on Oct 21, 2024

Yes, you may have the right to file a civil lawsuit for civil rights violations even after the criminal case has been resolved. Criminal convictions of the officers do not prevent you from seeking additional damages through a civil case. You can sue the city or the police department for actions... View More

1 Answer | Asked in Civil Rights, Adoption, Federal Crimes and Libel & Slander for Kansas on
Q: A LEO took my kids and completely falsified his Police report. I was Affirmed by DCF. I fought in court and won

Under testimony he admitted the allegations were false. DCF adopted my kids to someone else. My kids were 2,3 and 4. It's been a year, it took that long to go to court. These were foster kids i was adopting. I had them for over two years, the youngest was only a couple months old. He had no... View More

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answered on Oct 14, 2024

I'm truly sorry you're going through this difficult situation with your children. It must be incredibly painful to see your family separated under such circumstances.

You may have options to explore further legal action, especially since there was an admission that the allegations...
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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If stoped by police in Wichita Kansas for recording a police department on a public sidewalk do you have to provide id?
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answered on Oct 13, 2024

If you’re recording the police on a public sidewalk in Wichita, Kansas, you generally have the right to do so without being required to provide identification. The First Amendment protects your right to observe and document public officials in public spaces. As long as you’re not interfering... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: What type of attorney do I need for the police giving favoritism in a DV case ?

Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More

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answered on Oct 9, 2024

You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Have any info on active Kansas civil cases regarding residents fighting for right to keep backyard chickens?

I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance.... View More

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answered on Oct 8, 2024

You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or... View More

Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.

I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More

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answered on Oct 6, 2024

It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More

1 Answer | Asked in Juvenile Law, Criminal Law, Civil Rights and Education Law for Kansas on
Q: Can my juvenile son be arrested and sent to detention without having committed a crime or interrogated during intake?

He was sitting in his friends car out of the school. The principal called the police on them. THe police ended up searching the other boys vehicle and found 43 grams of marijuana bagged to sell. To which he repeated told school officials and law enforcement that it was all his and it was his... View More

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answered on Sep 30, 2024

It sounds like your son may have been treated unfairly, and there are several aspects of this situation that need to be looked into. While it's common for juveniles to be detained for truancy, being arrested and questioned about a crime without clear charges, especially when another person... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Got pulled over and taken to jail but they didn’t find anything
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kansas on
Q: Got pulled over and searched my car and got arrested they didn’t find anything
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kansas on
Q: My wife and I bought an iPhone for my 12 yr old stepson. His dad doesn’t want him to have it while in his care. Ks vs Mo

His dad and mom do not get along but for tax purposes, my wife is the custodial parent even though time is split evenly. David (son) wants his phone but his dad went through it without David’s consent and took screen shots of his conversations with his mom. Nothing derogatory was in those texts.... View More

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answered on Sep 30, 2024

In this situation, it’s important to look at the custody arrangement and any legal agreements regarding decision-making for your stepson. While your wife may be the custodial parent for tax purposes, decisions about things like phone use can still be a shared matter, especially when time is split... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: If police search my person after I denied consent wouldn't that then be illegal search?1
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answered on Sep 24, 2024

When police search you after you've denied consent, whether or not the search is legal depends on the circumstances. If they have probable cause, a valid search warrant, or if certain exceptions apply, like exigent circumstances, the search may still be lawful. Just refusing consent does not... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: Can a city owned cemetery keep me from installing a video-only device on a headstone?

Everything was taken off my grandma’s grave site and placed on top of her headstone. They were in accordance with the policies. None of the other sites around her (in clear violation) were touched. We want to be able to see if/who is vandalizing her grave. The city claims it is not their... View More

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answered on Sep 22, 2024

It sounds like you're dealing with a frustrating situation, and I understand why you’d want to install a video-only device to protect your grandmother's grave. City-owned cemeteries generally have the authority to enforce specific rules or policies regarding what can be placed on a... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Libel & Slander for Kansas on
Q: if I was held in holding for 5 days and and then jailed for a week before seeing a judge or knowing the charges.

I was detained for more then 72 hours (4-5 days) in a holding cell with no court and never told of my charges, followed by 1wk in general population before being told I was being charged with felony impersonation of a cop or bails bonds man and then spent another month or so in jail. The real... View More

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answered on Sep 19, 2024

It sounds like you went through a very difficult and unfair experience. If you were held for more than 72 hours without being told of the charges against you or given a court appearance, that could be a violation of your rights. In most cases, after an arrest, you should be brought before a judge... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Can a felon own a black powder, pre 1898 antique firearm replica in Kansas?
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answered on Sep 8, 2024

In Kansas, a felon is generally prohibited from owning any firearm, including black powder and antique replicas. The laws in Kansas align with federal regulations, which restrict felons from possessing firearms, regardless of whether they are modern or antique. However, there are exceptions for... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: how long can the police hold a phone without serva warrent and can they legally remove those phones from accounts
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answered on Aug 31, 2024

If the police take your phone without a warrant, they generally cannot hold it indefinitely. In most cases, they need to return your phone unless they obtain a warrant or have a valid legal reason to keep it. The law generally requires that they move quickly to secure a warrant if they believe your... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Kansas on
Q: my house was raided because someone said I make and sell cannabis candy the police tookmy phones and it's been 139 days

I am disabled due to several TBIs. I had to have the police remove a person from my home later that night after 1am the police turned up and asked if I was making marijuana candy I said no i had no candy with anything i it in my home I did however have several batches of candies that I sell but... View More

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answered on Aug 31, 2024

Given the situation, it’s crucial to address this matter as soon as possible. First, reach out to a lawyer who can assist you in understanding your rights and the legal procedures involved. It’s concerning that your phones were taken without you being served a warrant, and the lengthy delay is... View More

1 Answer | Asked in Employment Law and Civil Rights for Kansas on
Q: I am trying to find out if I have a case against a school district for not hiring me due to a felony conviction.

The school's website states that it does not discriminate based on arrest and conviction records but may consider where such events are substantially related to the job I applied for. I had a non person theft conviction and I applied to be a Para. I had an interview on June 24th and it went... View More

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answered on Jul 27, 2024

Given your situation, it seems that the school district's actions may conflict with their stated policy on non-discrimination based on arrest and conviction records. The key issue here is whether your felony conviction is "substantially related" to the job you applied for. Since you... View More

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