Free Seminar on September 19th via Zoom Webinar | 1 CLE will be offered to those who attend and complete the attendance check during the webinar.
Title: “Tread Lightly: Churches, Law Offices, Behavioral Health Professionals and Journalists.”
Presented by Marc Bennett
Outline:
1. Role of the prosecutor in reviewing search warrants – define.
2. General standard – see State v. Neighbors, 299 Kan. 234 (2014).
3. Legal Standard – probable cause, State v. Hicks, 282 Kan. 599 (2006).
4. Particularity under the Fourth Amendment – ex: State v. Francis, 282 Kan. 120 (2006).
· “officers may not rely on conclusory assertions or opinions unmoored from specific factual representations,” State v. Althaus, 49 Kan.2d 210 (2013).
5. Role of Privileges – qualified vs absolute (for law enforcement, prosecutors and physicians, journalists and MH professionals)
6. Specific considerations re:
a. Houses of Worship – K.S.A. 60-429 (Penitential Communication Privilege).
b. Law Offices – K.S.A. 60-426 & 60-437 (waivers of)
c. Mental Health Professionals – K.S.A. 74-5323 (Privileged Communications) and K.S.A. 65-5810 (Confidential Communications)
d. Journalists – Kansas Shield Law K.S.A. 60-480 (“Journalist Privilege.”)
· See also the Privacy Protection Act, 42 USC §§ 2000aa-2000aa-12
7. Be wary of “good faith” exception – U.S. v. Leon, 104 S.Ct. 3405, 468 U.S. 1250 (1984).
8. Conclusion
Reach out to KCDAA10@gmail.com with questions or concerns.