Judge rules Kansas Highway Patrol’s ‘two-step’ violates constitutional rights of drivers

The ruling found the Kansas Highway Patrol use of maneuver to detain out-of-state drivers for drug searches is unlawful.
A federal judge on Friday ruled the Kansas Highway Patrol's practice of the “Kansas two-step” violates the constitutional rights of drivers.

The American Civil Liberties Union of Kansas sued the patrol for using the method to conduct unlawful searches. The “Kansas two-step” is when an officer conducts a routine traffic stop, then takes a few steps toward the police vehicle but then turns around to initiate a new stop and ask the driver more questions.

KHP has argued the driver is having a voluntary conversation with an officer. It is usually used with vehicles coming to Kansas from states where marijuana is legal, like drivers traveling on Interstate 70 from Colorado. Drivers have said they didn’t know the conversations that happen after the two-step were voluntary and had their vehicles searched.