News & Commentary

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.

“They put this amendment on the primary ballot and that was absolutely a direct attempt to suppress voters,” Butsch said. “We ran into a lot of misinformation, particularly for independents.”

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.

Aileen Berquist, a lobbyist for the ACLU of Kansas said the policy — which grants wide discretion to judges — is likely to hold a disproportionate impact on children of color, who are already more likely to face harsh punishments than their white counterparts.

Aileen Berquist, a lobbyist for the ACLU of Kansas said the policy — which grants wide discretion to judges — is likely to hold a disproportionate impact on children of color, who are already more likely to face harsh punishments than their white counterparts.

“Kansas voters know what their needs are, and we’re at a new moment for this work in the state, with several critical organizations uniting to ensure Kansans can hold their elected officials accountable to honor the fundamental right to vote,” said Leslie Butsch, field director at the ACLU of Kansas.

“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.”

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.

The ACLU of Kansas has been fighting the “two step” in court for more than three years. The trial against Jones, who will step down July 1, is the third in recent weeks centered on how troopers conduct themselves during roadside stops. Federal juries this year have twice found that individual Kansas troopers violated constitutional rights during stops.