The Fourth Amendment protects the home against unreasonable searches and seizures. Although there are circumstances in which law enforcement may enter a private residence without a warrant, warrantless entry is the exception—not simply an alternative to obtaining a warrant.

Why We Requested This Policy

During a Wichita Police Department encounter, an officer referenced a “warrantless exception” while discussing entry in connection with public safety.

The Public Records & Civil Rights Project subsequently submitted a Kansas Open Records Act request seeking any policy, procedure, directive, training material, reference material, list, or other document identifying or describing the “warrantless exception” referenced by the officer, including any exception asserted to apply to a welfare check or “public safety.” 

The City of Wichita opened the request as KORA Request 26-5166 and assigned it to the Wichita Police Department. 

The City provided one document in response: WPD Policy 301 – Principles of Arrest (Pol301.pdf). 

What WPD Policy 301 Says

Under the section titled “Guidelines for Warrantless Searches,” WPD Policy 301 states that before officers enter a dwelling or other private premises without prior consent or a search warrant, exigent circumstances must exist that justify the entry.

The policy expressly states:

“Probable cause alone is insufficient to justify a warrantless search or entry into a private residence.”

Policy 301 then identifies particular circumstances governing warrantless entry.

Entry to Make an Arrest

According to the policy, warrantless entry to make an arrest requires probable cause to arrest the person and probable cause to believe that person is physically present. The policy then requires one of the specified circumstances, including:

• Immediate action necessary to prevent someone from being killed or seriously injured;
• Immediate action necessary to prevent a dangerous criminal offender from escaping apprehension or prosecution; or
• Hot pursuit after an arrest has been set in motion and the suspect flees into a dwelling or other private location.

Preservation of Evidence

The policy also addresses warrantless entry to preserve evidence. It requires probable cause to believe that critical evidence of a serious or dangerous offense is inside and that the evidence is almost certain to be destroyed or removed unless immediate action is taken.

Once the premises are secured, Policy 301 states that further searching requires a search warrant, consent, or new/additional emergency circumstances.

Consent

Policy 301 recognizes consent as another basis for entry. It provides for written or verbal consent from a person with authority over the property.

Importantly, the policy also states that an officer should not compel or coerce an authoritative person into granting entry through the threat of obtaining a search warrant.

What About a “Welfare Check”?

The records produced in response to Request 26-5166 are significant for what they do—and do not—identify.

The request specifically asked for records describing a warrantless exception asserted to apply to a “welfare check” or “public safety.” 

The City responded by providing WPD Policy 301. 

Policy 301, as produced, does not identify “welfare check” as a standalone warrant exception. Nor does it identify a freestanding exception simply called “public safety.”

Instead, the policy describes specific circumstances that can justify warrantless entry.

That distinction matters.

A welfare check may explain why officers came to a residence. Whether officers may enter the residence without a warrant or consent is a separate question that requires a legally recognized basis for warrantless entry.

Know the Exception

The existence of police authority to conduct a welfare check should not be confused with unlimited authority to enter a home.

When warrantless entry occurs, the question is not simply:

“Why were the police there?”

The question is:

“What exception to the warrant requirement authorized entry under the circumstances that actually existed?”

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Source: Wichita Police Department Policy 301 – Principles of Arrest, produced by the City of Wichita in response to KORA Request 26-5166.

This page is provided for public education and informational purposes and is not legal advice.

PUBLIC RECORDS & CIVIL RIGHTS PROJECT

Know your rights. Know the exception. Stand on business.