Kansas Highway Patrol's Controversial "Two-Step" Technique Ruled Unconstitutional for Vehicle Searches Involving Marijuana
Recently, a federal judge made a significant ruling that affects the Kansas Highway Patrol (KHP) and its infamous "two-step" technique. This technique, which has been the subject of much debate, involves searching vehicles for marijuana, particularly those driven by out-of-state drivers from states like Colorado and Missouri where marijuana is legal. However, in Kansas, possessing marijuana is against the law.
The ruling by U.S. District Judge Kathryn H. Vratil declared that the "two-step" technique used by the KHP violates people's Fourth Amendment rights. The Fourth Amendment is a crucial part of the Constitution that safeguards individuals from unreasonable searches and seizures.
The two-step technique, reportedly taught to officers by KHP Superintendent Herman Jones, involves conducting a routine traffic stop, seemingly ending it, and then unexpectedly resuming the stop to search the vehicle for marijuana. Since marijuana is legal in neighboring states but not in Kansas, officers often used this method to find the drug and charge the drivers.
In response to this ruling, the American Civil Liberties Union of Kansas (ACLU) and Spencer Fane LLP, who filed the case, argued that the KHP has been unfairly targeting motorists, especially those traveling between Colorado and Missouri on federal highway I-70 in Kansas.
The case, titled Shaw v. Jones, brought forward plaintiffs Blaine Shaw, Joshua Bosire, Mark Erich, Samuel Shaw, and Shawna Maloney. They testified about feeling exploited and intimidated by KHP troopers due to the two-step maneuver. One of the plaintiffs, Shawna Maloney, from Colorado, recounted how troopers used the technique to search her family's RV during a cross-country vacation in 2018. Despite the lengthy search, nothing illegal was found, and the family was allowed to leave.
The court ruling also exposed damages done to the plaintiffs' vehicles during these intrusive searches, which left them feeling violated and fearful of driving through Kansas again.
After the court's decision, Sharon Brett, the Legal Director of the ACLU of Kansas, referred to the "Kansas Two Step" as a "cowboy mentality of policing." The court's ruling emphasized that constitutional rights cannot be disregarded in the name of the "war on drugs," and it underscores that citizens should not be subjected to humiliation, degradation, or violence during police encounters.
This ruling is a significant win for the plaintiffs and anyone else traveling on Kansas highways. The court's decision makes it clear that law enforcement must respect individuals' constitutional rights and maintain a fair approach in their efforts to uphold the law.
Both the Kansas Highway Patrol and the ACLU Kansas have not yet provided comments in response to this ruling.
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