News & Commentary

The ACLU of Kansas has argued that, in practice, this has been part of an abuse of traffic stops targeting out-of-state motorists, notably those from Colorado, where recreational marijuana was legalized in 2012.

The ACLU of Kansas has sued Kansas Highway Patrol Superintendent Col. Herman Jones on behalf of motorists over the “two step” and are seeking a court order blocking the agency from using it.

A trial is underway that could put a stop to a law enforcement tactic known as the "Kansas Two-Step," which appears to target people from states where cannabis is legal.

The ACLU has argued KHP continues to rely on out-of-state license plates or travel plans to justify detaining a driver for a K-9 search of their vehicle, despite the Tenth Circuit’s holding in 2016 in Vasquez v. Lewis.

The ACLU argues troopers target motorists with out-of-state license plates or those traveling to or from Colorado, where recreational marijuana is legal, despite prior court rulings that aimed to restrict how troopers factor a vehicle’s origin or destination into their reasonable suspicion.

“I was fearful. I didn’t know what to expect,” said Maloney, who testified she still suffered anxiety from the experience with Kansas Highway Patrol. “I was scared and nervous. I was mad. I was very upset. I felt it was a waste of our time. I don’t feel save driving through Kansas anymore.”

"As the city continues to work to assess and improve its police department’s relationship with the community, we are hopeful we can reach a resolution in this case that adequately remedies the impacts on those affected and prevents further rights violations, without added expense."

The city has spent more than $267,000 in legal fees since being sued over the gang list in April 2021 by the ACLU of Kansas and Kansas Appleseed. The organizations say police use the list to target Black and Latino residents who are identified as gang members with little or no evidence.

The American Civil Liberties Union of Kansas released a poll on voting rights Friday. The civil rights advocacy group found that 70% of Kansans support measures to make voting easier, rather than adding additional restrictions.