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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