The Kansas Two-Step is a tactic used by law enforcement to prolong traffic stops under the guise of asking additional, unrelated questions after the original purpose of the stop—such as issuing a ticket or warning—has been completed. This practice was notably used by the Kansas Highway Patrol to target drivers, especially those coming from states with legalized marijuana, with the goal of finding contraband.
A federal judge has ruled that the tactic violated the Fourth Amendment, which protects individuals from unreasonable searches and seizures, calling it unconstitutional.
The tactic works by creating confusion or a false sense of obligation in drivers, who may feel they have to answer questions even after the original stop is finished. This delay in questioning can lead to unlawful detention, which is why it’s critical for drivers to know their rights. Once the officer has completed the reason for the stop, they must have reasonable suspicion to continue questioning or to extend the stop, including calling for a K-9 unit.
What should you do if you are stopped?
- Stay calm and only provide the essential documents: license, registration, and proof of insurance.
- Once the officer finishes issuing a ticket or warning, ask, “Am I free to leave?”
- If they confirm you are free to go, leave without answering unrelated questions or consenting to a search.
Knowing your rights and staying assertive helps protect you from being caught in situations like the Kansas Two-Step, ensuring that your Fourth Amendment rights are upheld.