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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds
    #28403397 - 07/21/23 11:15 PM (9 months, 23 days ago)

Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds
July 21, 2023 - New York Times

The judge said the Highway Patrol had made a habit of wrongly questioning out-of-state drivers in hopes of turning up drugs.

They called it the “Kansas two-step.”

When a mundane traffic stop was nearing its end, a state trooper would turn to leave. But after a couple of paces toward the squad car, the trooper would whirl around and go back to the window of the pulled-over driver, hoping to strike up a conversation and find enough reason to scour the car for drugs. Perhaps the driver would say something the trooper deemed suspicious, or perhaps the driver would just agree to a search.

But that two-step, which troopers used often against out-of-state drivers, was part of a “war on motorists” waged by the Kansas Highway Patrol in violation of the Fourth Amendment, a federal judge said in a blistering opinion on Friday.

“The war is basically a question of numbers: stop enough cars and you’re bound to discover drugs,” wrote Senior Judge Kathryn H. Vratil of the Federal District Court. “And what’s the harm if a few constitutional rights are trampled along the way?”

Judge Vratil, who was appointed by President George H.W. Bush, described in scathing terms what she said was the Highway Patrol’s practice of pulling over drivers with out-of-state license plates on Interstate 70, which transects hundreds of miles of Kansas prairie between Colorado and Missouri, both states where marijuana is legal, and of prolonging traffic stops in hopes of searching for contraband. Marijuana is illegal in Kansas.

Judge Vratil wrote that Kansas troopers had been trained to “consider the fact that a motorist is traveling to or from a ‘drug source’ or ‘drug destination’ state” in deciding whether they had probable cause to search a car for drugs. In her ruling on Friday, she ordered troopers to stop factoring that in when dealing with drivers on Interstate 70.

“Now that both states have legalized recreational marijuana, any traveler on I-70 between Colorado and Missouri — that is, anywhere on I-70 in Kansas, traveling in either direction — is by definition traveling both to and from a ‘drug source’ state,” the judge wrote.

A spokeswoman for the Highway Patrol did not immediately respond to a request for an interview on Friday. A spokeswoman for Gov. Laura Kelly, a Democrat who appoints the Patrol’s superintendent, also did not immediately respond to a request for comment.

Judge Vratil proposed, but did not immediately issue, an injunction that would require additional training for troopers and additional protections for drivers who agree to have their cars searched. Though it was not clear how many drivers experienced stops that the judge considered unconstitutional, she cited data suggesting that motorists from other states had been pulled over, and that their cars had been examined by drug-sniffing dogs, at far higher rates than Kansans.

Sharon Brett, the legal director of the American Civil Liberties Union of Kansas, whose lawyers brought the case on behalf of several drivers who said they had been victims of the two-step, said she was pleased that the judge had “stepped in to stop the department’s widespread misconduct.”

“Today’s decision,” she said in a statement, “validates that motorists’ constitutional rights cannot be cast aside under the guise of a ‘war on drugs.’”

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InvisibleBarnaby
Interesting lifetime
Male

Registered: 12/13/17
Posts: 9,217
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: veggie]
    #28403463 - 07/22/23 02:21 AM (9 months, 23 days ago)

Kansas.  Worse than Utah?  They will win more basketball games but the U of U will win more football games.

To the police.  Put them in an arena and see who wins out Mad Max style.  Just a joke, just a joke.  Throw in some bikers with zuck and musk and that is something of a much watch.  No arms.  Just mano e mano.

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OfflinePanchote
& L (my dog)
Male User Gallery


Registered: 09/19/22
Posts: 34
Last seen: 18 hours, 6 minutes
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: Barnaby]
    #28403546 - 07/22/23 05:39 AM (9 months, 23 days ago)

Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Uh!

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Invisibleredeyesmj
werdo
Male User Gallery


Registered: 12/04/08
Posts: 4,127
Loc: Middle of kansas
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: Panchote] * 2
    #28403779 - 07/22/23 11:01 AM (9 months, 22 days ago)

I always take the 30-45 mins extra to not drive on i70 when coming back from Colorado...a little bit extra time but worth it.


--------------------
Where am I at?


[/url]
“To be godless is probably the first step to innocence," he said, "to lose the sense of sin and subordination, the false grief for things supposed to be lost."
So by innocence you mean not an absence of experience, but an absence of illusions."
An absence of need for illusions," he said. "A love of and respect for what is right before your eyes.”― Anne Rice, The Vampire Lestat

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InvisibleCapSlinger
Male

Registered: 05/17/11
Posts: 1,103
Loc: Colorado rocky mountain high Flag
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: Panchote]
    #28404123 - 07/22/23 03:55 PM (9 months, 22 days ago)

Quote:

Panchote said:
Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Some of those that work forces
Are the same that burn crosses
Uh!




:rockon:

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InvisibleBarnaby
Interesting lifetime
Male

Registered: 12/13/17
Posts: 9,217
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: Panchote]
    #28404360 - 07/22/23 07:38 PM (9 months, 22 days ago)

God, what is the maturity level here?

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InvisibleBarnaby
Interesting lifetime
Male

Registered: 12/13/17
Posts: 9,217
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: veggie]
    #28404366 - 07/22/23 07:39 PM (9 months, 22 days ago)

Purge the threads Veggie.  I can take it.  Mind garbage.  Not taking sides, but.  If you looked at these people and their lives, purge.:shrug:  What they post, what they convey, that.  Not like the movies but would anyone really care? 

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OfflineAlan RockefellerM
Mycologist
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Registered: 03/10/07
Posts: 48,392
Last seen: 3 days, 7 hours
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: veggie] * 2
    #28404509 - 07/22/23 09:27 PM (9 months, 22 days ago)

I suppose the way to win at this game is when the traffic stop is done and officer turns back around to talk to you, you say "Are you detaining me or am I free to leave?"

Apparently by finishing the stop, stepping away, then coming back, anything you say is voluntary since you were technically free to go.  Not sure how much of a difference this would actually make though, compared to not stepping away and making the drug questions part of the larger stop.

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InvisibleBarnaby
Interesting lifetime
Male

Registered: 12/13/17
Posts: 9,217
Re: Kansas Troopers ‘Waged War on Motorists,’ Federal Judge Finds [Re: Alan Rockefeller]
    #28404624 - 07/22/23 11:07 PM (9 months, 22 days ago)

Alan, Kennedy is going to change the world in a better way.:shrug::beer:

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