Lawsuit begins over patrol tactic known as ‘Kansas two step’

KANSAS CITY, Kan. (AP) — The Kansas Freeway Patrol makes use of a tactic dubbed the “Kansas two step” to look automobiles — typically from different states — when there may be typically no professional trigger for the search, in keeping with a lawsuit being heard this week in federal court docket.

Shawna Maloney of Colorado recalled her worry after troopers used the tactic to look her household’s RV as they had been on a cross-country trip in March 2018. The predawn search on Interstate 70 turned up nothing unlawful.

“I don’t really feel protected driving by way of Kansas anymore,” Maloney testified Monday in typically emotional testimony, the Kansas Metropolis Star reported.

The lawsuit naming patrol Superintendent Col. Herman Jones seeks an order to cease the “two step,” which allegedly works like this: Troopers discover a cause to make a site visitors cease. Because the trooper heads again to the patrol automobile, the trooper takes a few steps after which returns to once more work together with the motive force.

The process buys time to proceed in search of incriminating data and to get a drug-sniffing canine to the situation — even when the trooper lacks cheap suspicion, the lawsuit contends. The ACLU of Kansas says troopers goal out-of-state motorists coming from locations the place marijuana is authorized. Kansas is among the many few states with no legalized type of marijuana.

The bench trial, which implies the choose will difficulty a verdict with out a jury, is scheduled to final eight days.

The trial is the third in current weeks over how Kansas troopers conduct stops. Federal juries have twice discovered that particular person troopers violated constitutional rights.

Jones, a former county sheriff, was appointed by Democratic Gov. Laura Kelley in 2019. In a separate lawsuit, Jones was sued by 5 feminine present or former patrol workers who allege a hostile work surroundings, a tradition of sexual harassment and gender discrimination underneath his management.

Republican lawmakers have pressured Kelly to pressure him out. Jones is stepping down efficient July 1 however has mentioned he wasn’t requested to depart.

Arthur Chalmers, an assistant state legal professional basic representing Jones, mentioned in court docket paperwork that patrol coaching “strives to have interaction in greatest regulation enforcement practices,” together with formal instruction on Fourth Modification points arising from site visitors stops.

“The constitutional proper to journey is just not infringed even when, because the Plaintiffs allege, out-of-state motorists are disproportionately stopped and detained after a site visitors cease relative to Kansas motorists,” Chalmers mentioned in a court docket submitting.

Maloney’s RV was pulled over for crossing the white line. The trooper gave Maloney a warning, then took just a few steps again towards his automobile earlier than returning with extra questions, dashcam video proven in court docket indicated.

Ultimately, the trooper mentioned the household was being detained. A canine sniffed the RV’s exterior, and three troopers searched the inside. Nothing was discovered and after about 40 minutes, the household was allowed to depart.

Maloney mentioned troopers broken the bathroom, dumped out garments and left the toilet door hanging off its body, amongst different injury.

“I felt violated as a result of this was our house whereas we had been on the street,” Maloney mentioned.

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