SKIP TO CONTENT
NEWS
CLASSICAL
INDIE 102.3
KRCC
LISTEN LIVE
Play audio
CPR NEWS
On Point
View News Schedule
Play audio
CPR CLASSICAL
Sea of Reeds: Hariu L'adonai Grneta Ensemble
Gerald Cohen
Play audio
INDIE 102.3
Knives Out
Radiohead
Album: Amnesiac
Play audio
KRCC
On Point
View KRCC Schedule
NEED HELP?
DONATE
Search Input
Search…
COVID-19
POLITICS
MONEY
ARTS
ENVIRONMENT
NEWSLETTER
SUPPORT CPR
Federal judge orders end to ‘Kansas Two-step’ police tactic that a lawsuit alleged unfairly targeted Colorado drivers
By Anthony Cotton
· Jul. 21, 2023, 1:26 pm
Play audio
LISTEN NOW
8min 11sec
SHARE:
Virus Outbreak Holiday Travel
Orlin Wagner/AP Photo
Vehicles travel in advance of Thanksgiving along I-70 near Lawrence, Kan., Wednesday, Nov. 25, 2020.
Updated 9:27 a.m. on Monday, July 24
A federal judge has ruled against the Kansas Highway Patrol, ordering it to stop detaining motorists without reasonable suspicion, a practice which had come to be known as the "Kansas Two-Step."
“This is a huge win — for our clients and for anyone else who travels on Kansas highways. We are gratified that the Court saw the ongoing harms of KHP’s unconstitutional practices and stepped in to stop the department’s widespread misconduct,” said Sharon Brett, Legal Director of the ACLU of Kansas. “Today’s decision validates that motorists’ constitutional rights cannot be cast aside under the guise of a 'war on drugs'. It also demonstrates that courts will not tolerate the cowboy mentality of policing that subjects our citizens to conditions of humiliation, degradation, and, in some tragic cases, violence.”
In the decision, the Court ruled KHP’s policies and practices violated the Fourth Amendment. The court noted that, as other states have legalized marijuana, the KHP has “waged war on motorists.”
“As wars go, this one is relatively easy; it’s simple and cheap, and for motorists, it’s not a fair fight," the court said. "The war is basically a question of numbers: stop enough cars and you’re bound to discover drugs.”
Kansas is one of three states in the country that has no form of legalized marijuana.
Interview: We talk to the attorney who says Kansas troopers are unfairly targeting Colorado drivers with the ‘Kansas Two-Step’
In the two-step, after making the initial traffic stop, the trooper begins to leave the vehicle, then returns to the driver to reengage them and ask further questions. Brett says the tactic often allowed the KHP to determine that there was probable cause to detain the driver or order a canine sniff of the vehicle.
Over the last three years, the ACLU of Kansas represented a number of plaintiffs in the case, including Shawna Maloney, who formerly lived in Loveland. She and her family were driving their RV on a road trip to visit some family in Alabama when they were stopped by the highway patrol on I-70 about halfway through Kansas.
Maloney and her family were stopped because, according to the state trooper, they'd crossed the shoulder of the road. They were detained for almost an hour.
Asked what impact the ruling might have for motorists driving through other states, Brett said "We're hoping that other law enforcement agencies read this opinion and think about what it means for their own practices. This opinion is a very clear repudiation of the idea that law enforcement agencies can do whatever they want, without any consequence."
"The law enforcement officers, police departments, they have to follow the law just like everyone else," Brett said. "And that means they have to follow and respect the United States Constitution."
The Kansas Highway Patrol has provided the following response: "We are carefully reviewing the Court’s decision and respect the Judge’s conclusions and recommendations. Moving forward, KHP will continue its endeavor to ensure that our enforcement operations respect constitutional rights and comply with the law as we carry out our mission of service, courtesy, and protection."
You care.
You want to know what is really going on these days, especially in Colorado. We can help you keep up. The Lookout is a free, daily email newsletter with news and happenings from all over Colorado. Sign up here and we will see you in the morning!
Popular Stories
EDUCATION
Free college in Colorado? It’s covered if you’re interested in teaching, firefighting, law enforcement, construction or forestry
SPORTS
Interview: Sophia Smith is poised to be a World Cup soccer star. Her parents knew from age 6 she could do it
JUSTICE
Federal judge orders end to ‘Kansas Two-step’ police tactic that a lawsuit alleged unfairly targeted Colorado drivers
ENVIRONMENT
Colorado weather: NWS confirms that a tornado hit Pikes Peak on Thursday
Colorado Wonders License Plate
What do you wonder about Colorado that you’d like us to investigate? Ask us your question here.
Your contact info
A reporter will contact you if we look into your question.
Name
Email address
Phone Number
Zip Code
Sign me up for The Lookout newsletter!
Please don't publish my name
I am over 16 years old
I accept the Terms of Service
Submit
Powered by Hearken | Terms of Service | Privacy Policy
Latest Stories
NEWS
Colorado weather: Denver could hit 100 degrees Monday and Tuesday as temperatures jump statewide
By Matt Bloom
boulder-tube-to-worrk-day-summer-hot-weather
JUSTICE
Wheat Ridge man among white nationalists convicted of conspiracy to riot at Idaho Pride event
By The Associated Press
March for Life
LIFE AND CULTURE
Colorado’s summer blooms bring more than wildflowers
By Jenna McMurtry
Agave plants flower after they reach full maturation, a process that can take 30 to 50 years depending on the species.
COLORADO WONDERS
What does the reintroduction of wolves mean for Colorado’s deer and elk herds?
Tom Hesse.
By Tom Hesse
211023-ELK-ESTES-PARK
Sign Up For Our Newsletters
It takes a good day’s drive to cover Colorado, but we’ll help you do it in a few minutes. Our newsletters bring you a closer look at the stories that affect you and the music that inspires you.
Get A Newsletter From The Climate Team
Sign Up For The Lookout
Sign Up For The Quotie Monthly
Get The Inside Track On Denver Music
Classical Music Playlists And More
Upcoming Events
Join CPR at the Colorado Dragon Boat Festival
10:00am
Sloans Lake Park
JUL
22
Indie 102.3’s July Local 303 Meetup feat: Ipecac
6:30pm
Bobcat Club at Skylark Lounge
JUL
24
Join Indie 102.3 at The Underground Music Showcase
3:00pm
Broadway and 1st Ave
JUL
28
Listen to a Colorado Postcard
Colorado Postcards
Colorado Postcards are snapshots of our colorful state in sound. They give brief insights into our people and places, our flora and fauna, and our past and present, from every corner of Colorado. Listen now.
News That Matters, Delivered To Your Inbox
About Us
OUR MISSION
STAFF AND HOSTS
CAREERS AT CPR
GENERAL CONTEST RULES
FCC APPLICATIONS & FILES
Contact
CONTACT US
MEMBER SUPPORT
CONNECT WITH CPR NEWS
Listen
WAYS TO LISTEN
LISTENING HELP
ON-AIR SCHEDULE
Support
MAKE A DONATION
DONATE YOUR CAR
BECOME A SPONSOR
CORPORATE SUPPORTERS
CPR SHOP
© 2023 Colorado Public Radio. All Rights Reserved. Privacy Policy.