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Kansas City Star
Kansas Highway Patrol leader testifies in “two step” trial, says troopers not yet disciplined
Jonathan Shorman/The Kansas City Star
51
Jonathan Shorman
Wed, May 10, 2023 at 4:27 PM CDT·4 min read
Kansas Highway Patrol Superintendent Col. Herman Jones testified Wednesday that two troopers have not yet faced discipline after juries found this year they violated the constitutional rights of motorists during traffic stops.
But Jones also said the Highway Patrol last fall began requiring troopers to write reports about why they detained motorists in stops that don’t lead to arrests or the seizure of property.
Jones testified in U.S. District Court in Kansas City, Kansas, as part of an ongoing civil trial against the law enforcement official over the “Kansas two step” — when troopers at the end of a traffic stop take a couple steps toward their patrol car before coming back to have what KHP says is a voluntary interaction with the driver.
The tactic is used to keep motorists talking, often buying time for drug-sniffing dogs to arrive. Civil liberties groups and others have criticized the practice as an infringement on 4th Amendment rights against unreasonable search and seizure. They argue motorists often don’t actually feel free to leave and that troopers frequently aren’t clear that the questioning is voluntary.
The ACLU of Kansas has sued Jones on behalf of motorists over the “two step” and are seeking a court order blocking the agency from using it. U.S. District Court Judge Kathryn Vratil is presiding over the bench trial, which means there is no jury and she will issue a verdict.
Jones’ testimony came just weeks before his July 1 retirement date and after the Highway Patrol has already suffered two courtroom defeats this year related to the practice.
In April, a jury in a separate federal civil trial found that Trooper Brandon McMillan had violated the rights of motorist Joshua Bosire during a 2019 stop and awarded about $40,000 in damages. Another jury earlier this year also ruled that Trooper Douglas Schulte had violated the rights of motorist Blaine Shaw during a 2017 stop but awarded only $1 in nominal damages.
“Not as of this date,” Jones said repeatedly when asked several times by Patrick McInerney, an attorney for the plaintiffs, whether McMillan or Schulte had been disciplined following the verdicts.
Story continues
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