Kansas Requirements for a No Name Warrant
- DNA can be used to specify a particular person because it is unique to the individual.dna 10 image by chrisharvey from Fotolia.com
A warrant calls for the arrest of a suspect. The warrant must identify the person who is to be arrested; normally the person is identified by his name. If the state doesn't issue a warrant before the statute of limitations runs out on a crime, no one can be charged with the crime. A no name warrant, or John Doe warrant, allows the state to charge a suspect with the crime using his DNA profile instead of his name. Kansas was one of the first states to use no name warrants. - K.S.A. 22-2304 specifies what is required in Kansas for the issuance of an arrest warrant. As with all warrants, a no name warrant must include a description of the crime charged and the amount of the appearance bond. The warrant must also order that the suspect be arrested and brought before a magistrate.
- K.S.A. 22-2304 also requires that the warrant contain the suspect's name or description. With a no name warrant, the police use the DNA profile of the suspect that was obtained from the crime scene. No name warrants are most often used in rape cases but can be employed in any case in which DNA is recovered.
- In the first no name warrant case to come before the Kansas Supreme Court, State v. Belt, the court overturned the defendant's convictions. In the no name warrant issued by the state, the suspect was identified by loci, or locations on the DNA profile. The court ruled that the actual unique DNA profile of the suspect must be included in a no name warrant for it to sufficiently identify a suspect.
- After a crime has been committed, the state must charge a suspect within the statute of limitations. The limits exist because as time passes, witnesses' memories fade. Statutes of limitations are longer for more serious crimes; for murder, there is no statute of limitations. In Kansas, warrants must be issued for sex crimes within five years of the crime.
