Federal Judge Blocks Kansas Highway Patrol’s ‘Two-Step’ Tactic in ACLU Win

In a significant ruling, U.S. District Judge Kathryn H. Vratil has issued a permanent injunction against the Kansas Highway Patrol (KHP), preventing the use of the controversial “Kansas Two-Step” tactic, which involved detaining out-of-state drivers. (Photo: cpr.org)

ACLU Lawsuit Results in Federal Ban on Kansas ‘Two-Step’ Tactic Against Out-of-State Drivers

According to source, in a significant ruling, U.S. District Judge Kathryn H. Vratil has granted a permanent injunction against the Kansas Highway Patrol (KHP) barring the use of the controversial “Kansas Two-Step” tactic, which involves detaining out-of-state drivers. Dubbed the “Two-Step,” troopers finish the initial traffic stop, then turn back to engage the driver, providing an opportunity for the Kansas Highway Patrol to search the vehicle or await drug-sniffing dogs. The judge had previously ruled in July that this tactic violated drivers’ constitutional rights against unreasonable searches.

The injunction stems from a lawsuit by the American Civil Liberties Union (ACLU) on behalf of three drivers and two passengers traveling from Colorado in 2017, 2018, and 2019, where recreational marijuana is legal. The judge found that the Kansas Highway Patrol targeted drivers on Interstate 70 to or from states with legalized marijuana use, despite Kansas not authorizing it.

The ruling mandates various measures for the Kansas Highway Patrol, including cameras and audio for patrol cars, informing drivers of their right to refuse a search, and improved training and documentation.

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Federal Judge Rebukes Kansas Highway Patrol’s ‘War on Motorists,’ Ruling Puts an End to Accountability Evasion

Despite the Kansas Highway Patrol defending its tactics as a response to drug trafficking along Interstate 70, the judge criticized their approach, stating they had “waged war on motorists.” The ruling emphasizes that the Kansas Highway Patrol must abide by constitutional rights and puts an end to what the ACLU referred to as attempts to “side-step accountability” for their practices.

The controversy surrounding the Kansas Highway Patrol’s tactics gained visibility after Colorado legalized recreational marijuana nearly a decade ago. This ruling sheds light on concerns about law enforcement overstepping constitutional boundaries in the context of evolving state marijuana legalization laws, prompting a reevaluation of Kansas Highway Patrol practices and the protection of individuals’ rights.

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