KANSAS CITY, Mo. _ The Kansas Highway Patrol is accused of targeting out-of-state drivers and prolonging traffic stops, according to a federal lawsuit filed by the American Civil Liberties Union of Kansas.
The lawsuit, filed in the U.S. District Court for Kansas, says travelers heading to or from Colorado, where recreational marijuana became legal in 2014, have been targeted by troopers for stops and drawn-out questioning.
In 2016, the Tenth Circuit Court of Appeals said that stops based on state residency weren't allowed. But the next year, out-of-state license plates made up 93% of the highway patrol's stops.
The highway patrol also engages in a practice known as "the Kansas Two Step," the lawsuit said.
After a trooper makes a stop and resolves the traffic violation, the trooper takes two steps towards their patrol vehicle, turns back around and asks the driver to answer a few more questions.
"This technique is used to break off an initial traffic detention and attempt to reengage the driver in what would then be considered a consensual encounter," the ACLU said, adding that the maneuver is included in KHP training.
In some instances, troopers have asked if the driver consents to a search of the car. If the driver denies permission, the trooper will detain them and call for a canine drug search, the lawsuit said.
The ACLU is representing three men who were detained along Interstate 70. After canine searches, no drugs were found.
"The standard for this kind of invasion of privacy has to be higher than out-of-state plates, a Colorado destination, and minority status," said Lauren Bonds, executive director of ACLU of Kansas. "This practice is unconstitutional on many levels."
Lt. Adam Winters, a spokesman for the patrol, said the agency does not comment on pending litigation.
