Wichita defense attorney explains ‘Kansas Two-Step,’ legal issues it brings

WICHITA, Kan. (KWCH) – A standard regulation enforcement tactic dubbed the “Kansas Two-Step” is on the forefront of a federal lawsuit. The go well with, filed by the ACLU alleges Kansas Freeway troopers unconstitutionally detained their shoppers on the facet of the highway utilizing the tactic. Many nonetheless wander the way it’s used.

In fundamental phrases, the tactic is used as soon as a automobile cease ends, that means the trooper or officer making the cease has returned the license and paperwork to the motive force of the pulled-over automobile and perhaps written a ticket or issued a warning. That that time, the motive force is free to go away. With the “Kansas Two-Step,” the officer steps again towards the patrol automotive however stops and reengages the motive force in dialog, a dialog that’s presupposed to be consensual.

“And that argument at that time, ‘is the occupant consensually talking to the officer?’” Wichita protection legal professional Chris O’Hara stated.

The ‘Kansas Two-Step” works as a result of most individuals proceed to speak when the officer reengages. Legally, they don’t need to.

“Effectively, if it’s a consensual encounter, the one who is stopped, the citizen who’s stopped, can depart. They’re underneath no obligation to talk to regulation enforcement,” O’Hara stated.

However with many circumstances, O’Hara defined, “Persons are folks and so they’re not concerned in these conditions or see these conditions very a lot and really feel obligated to talk to regulation enforcement.”

O’Hara defined how these conversations can go.

“[The officer] leads them, asking if they will serve the automobile,” O’Hara stated. “Typically the delay from the consensual dialog permits one other officer with a drug canine to return.”

There may be not but something unlawful in regards to the “Kansas Two-Step” within the Sunflower State, so till the courtroom makes a ruling within the pending case, the tactic possible will proceed.

“If an individual in that scenario, they’ve (the) means to say, ‘no, I don’t wish to discuss to you,’ they’ve the power to say, ‘I wish to depart, I’m gonna drive on,’ and so they have the power to say, ‘no, you possibly can’t search my automotive,’” O’Hara stated.

Copyright 2023 KWCH. All rights reserved. To report a correction or typo, please electronic mail information@kwch.com