Judge: Kansas Highway Patrol engaged in aggressive marijuana vehicle searches, targeting motorists.

A Victory for⁢ Constitutional Rights: Federal Judge Deems ​Kansas “Two-Step” Vehicle Search Technique Unconstitutional

A federal ‌judge⁤ made a groundbreaking ruling on Friday,​ declaring that Kansas’ controversial “two-step” technique for searching vehicles ‌for​ marijuana is a violation of the Fourth Amendment. This technique, which has been the subject ‌of a lawsuit brought by the American Civil Liberties Union of Kansas, has been deemed unconstitutional due‌ to‌ its ⁢infringement on the protection against unreasonable searches and seizures.

A Blow ⁣to Unfair Policing Tactics

U.S. District Judge⁢ Kathryn H. Vratil,​ a distinguished appointee of ‌President George H.W. Bush, took a stand‌ against this unjust practice. In her ‍ruling, she ordered the⁢ Kansas ⁤Highway Patrol to​ cease using the two-step​ technique, emphasizing that law enforcement had essentially “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,” Vratil wrote. “The war is basically a question of numbers: ⁢stop enough cars and ‍you’re bound to discover drugs.”

This ruling serves‌ as a​ resounding victory for motorists who have been ‌subjected to this discriminatory approach. The two-step process‍ involved Kansas troopers targeting drivers with out-of-state tags, particularly from neighboring states where marijuana is legal, such as Colorado and Missouri. ⁢The goal was to uncover illegal drugs within the vehicles.

However, the ‍lawsuit argued that ⁣once the initial reason for pulling a driver over was resolved, officers would engage in‍ a separate line of questioning regarding travel plans. This line of questioning, the lawsuit contended, resulted⁢ in⁣ the illegal detainment of drivers without their consent or ‌reasonable suspicion⁢ of criminal⁣ activity.

Subsequently, officers would proceed to search the vehicle⁤ or ​call in a K-9 unit to do so. This​ invasive and unconstitutional practice disproportionately affected drivers with ​out-of-state license plates, accounting for a ‌staggering 93% of Kansas Highway‍ Patrol stops in 2017. Furthermore, 96% of the KHP’s civil forfeitures in 2019 were from out-of-state motorists ‍on I-70.

A⁤ Stand Against Injustice

The significance of ⁤this ruling ‍cannot be overstated. ACLU Kansas legal director Sharon Brett expressed her satisfaction, stating, “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.”

The lawsuit was initiated by several ⁢Colorado residents, including Shawna Maloney, who shared her harrowing experience in court. Maloney testified that her family’s RV was‌ targeted by troopers using the two-step technique during their vacation in March 2018. The troopers detained her family while‍ a ⁢K-9 unit searched the exterior of the RV, and three other troopers combed through the interior. Despite the invasive 40-minute search, no⁣ drugs were found. However, the ⁣aftermath left Maloney with an RV in disrepair, including a damaged toilet and strewn clothing.

This ruling serves ​as a powerful reminder that our constitutional ⁢rights must be upheld, even in the face ⁤of the so-called‍ “war on drugs.” It is a victory for justice, fairness, and​ the protection of individual ‍liberties.

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