Questions about the patrol’s tactics became more visible after Colorado legalized recreational marijuana almost a decade ago
TOPEKA, Kan. — A tactic known as the “Kansas Two-Step” that’s been used by the state Highway Patrol for years to detain out-of-state motorists long enough to find a reason to search their vehicles for illegal drugs violates motorists’ constitutional right against unreasonable searches, a federal judge declared Friday.
Vratil issued a scathing, 79-page order in two separate lawsuits filed by the American Civil Liberties Union on behalf of three motorists and two passengers traveling in 2017, 2018 and 2019 from neighboring Colorado, which has legalized recreational marijuana use. Neither the patrol nor Kansas Attorney General Kris Kobach’s office responded immediately to text and email messages seeking comment Friday. The patrol has defended its tactics as a response to I-70 serving as a major “corridor” for drug traffickers.
The ACLU of Kansas and other civil rights advocates have argued for years that the patrol has subjected out-of-state motorists to searches that violate the Fourth Amendment to the U.S. Constitution that protects people against unreasonable searches and seizures.
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