Posted on 11/22/2023 12:53:55 PM PST by DFG
The Kansas Highway Patrol must stop using a tactic known as the “Kansas Two-Step” to detain out-of-state drivers long enough to find a reason to search their vehicles for illegal drugs, a federal judge has ruled.
U.S. District Judge Kathryn H. Vratil on Monday granted a permanent injunction. The injunction was not unexpected. It follows Vratil's ruling in July that determined that the tactic violated drivers' constitutional rights against unreasonable searches.
KHP spokeswoman Candice Breshears said the order is being reviewed by the state attorney general's office and declined further comment. A message left Tuesday with the office of Attorney General Kris Kobach was not immediately returned.
The injunction has several requirements, including cameras and audio for all marked and unmarked patrol cars. It also says troopers must inform drivers that they can refuse or revoke consent for a search at any time. The injunction also requires better training and documentation.
With the “Two-Step,” troopers finish the initial traffic stop, issuing a ticket or a warning, and start to walk away, then turn back to talk more to the driver. That allows them to keep looking for grounds for a vehicle search or to buy time for drug-sniffing dogs to arrive.
The American Civil Liberties Union sued on behalf of three drivers and two passengers traveling in 2017, 2018 and 2019 from neighboring Colorado, which has legalized recreational marijuana use. The judge concluded that the patrol targeted drivers traveling along Interstate 70 to or from states that have legalized either the medical or recreational use of marijuana. Kansas has authorized neither.
(Excerpt) Read more at news.yahoo.com ...
Can a state be sued class-action?
Judge used sound knowledge and applied it accordingly.
Would “He looked nervous to me while I was holding a gun on him” be probable cause anymore?
ACLU got something right. That’s unusual.
My question was, "Can a state be sued class-action?"
Good ruling...
Carry a gun and drive fast up and down the interstate.
It mentions the Constitution? What is this Constitution it speaks of?
“”Can a state be sued class-action?””
__________________________
I truly am sorry I gave you the wrong impression in my post.
It was simply a moment of shock on my behalf when I typed the comments.
LOL
Your question is an excellent question and if I were an out-of-stater who did indeed have that happened and could afford to...I would attempt to sue the state.
Thank you, for reaching out to me!
You’re welcome, and Happy Thanksgiving.
:)
“Would “He looked nervous to me while I was holding a gun on him” be probable cause anymore?”
I enjoy cop watch vids during slow periods of work and if you have not seen this James Freeman video, it’s worth it for a laugh. He walks up to a detective and starts interrogating with questions they usually ask when trying to set people up. I smell alcohol/weed on you, have you been to a bar today? type questions. A former cop himself, knows all the tricks they try.
https://www.youtube.com/watch?v=r55BFO9ZVaM
I was not aware they pull this BS. I am driving to Kansas for a deer hunt this weekend.
Just another reason to avoid the dreary state of Kansas for ripping people off
I was in until he got indignant. He could have handled that more professionally. In all my interactions only one time did an officer get childish and indignant.
Why? Because they don’t have to, in their minds they have unfettered powers and are always right, even when they are not. Before they get indignant you are in cuffs and in the back of a cruiser just or not.
Asset forfeiture is another thing they try to pull so do not carry large amounts of cash. This guy had his life savings stolen and years of legal actions before he got it back.
https://www.youtube.com/watch?v=MkeS_0NQUZs
Yahoo news? Oh so this is a bought and paid for story by the drug runners.
Got it.
is the Kansas two step different than the Texas two step?
Thanks for the heads up.
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