The ruling is about a tactic in which troopers at the end of a traffic stop take a couple of steps toward their patrol vehicle before turning around to initiate a voluntary interaction with the driver.
July 24, 2023

A federal judge ruled Friday that the Kansas Highway Patrol violated the constitutional rights of motorists and has ordered the KHP to stop its policies and practices of detaining motorists without reasonable suspicion. Via KWCH.com:

The practice, commonly known as the Kansas Two Step, is a tactic in which troopers at the end of a traffic stop take a couple of steps toward their patrol vehicle before turning around to initiate a voluntary interaction with the driver. The tactic would allow for extra time to look for incriminating information or to get drug-sniffing dogs to a location.

“The Kansas Highway Patrol (”KHP”) has waged war on motorists—especially out-of-state residents traveling between Colorado and Missouri on federal highway I-70 in Kansas,” U.S. District Judge Kathryn Vratil wrote in an order filed on Friday.

If the injunction stands, Judge Vratil said moving forward, a trooper who seeks to re-engage with a driver or occupant of a vehicle, after a traffic stop has concluded, must “affirmatively inform the subject of his or her right to refuse and to revoke consent at any time, and document the subject’s consent on a written form which explains these rights.”

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