Federal Judge Cracks Down On Police For 'Waging War' On Motorists Traveling From Places Where Cannabis Is Legal

A federal judge has ordered the Kansas Highway Patrol (KHP) to cease employing its well-known "two-step" strategy, deeming it in violation of people's Fourth Amendment rights, reported Kansas Reflector.

What Happened: The KHP "has waged war on motorists — especially out-of-state residents traveling between Colorado and Missouri on federal highway I-70 in Kansas," according to the American Civil Liberties Union of Kansas (ACLU) and Spencer Fane LLP.

KHP's technique revolves around conducting thorough vehicle searches targeting out-of-state drivers, particularly from states where the use of cannabis is legal. This "two-step" method includes a routine traffic stop, after which KHP personnel seamlessly shifts into a separate procedure to gather information and obtain permission to search a vehicle for illegal items, such as marijuana.

In addition to targeting individuals from other states and using "two-step," KHP also targeted those they've found "suspicious," the ACLU stated, adding that KHP's actions weren't "a fair fight."

"The war is basically a question of numbers: stop enough cars and you're bound to discover drugs," the group said.

See Also: Chamath Palihapitiya Supports Cannabis Legalization, Calls For Fed Oversight On Dosage, Potency, Labeling

Why It Matters: The Constitution's Fourth Amendment protects individuals from "unwarranted searches and seizures," U.S. District Judge Kathryn H. Vratil wrote in an order filed last week.

The ruling bodes well for Blain Shaw, a registered user of medical cannabis from Oklahoma City and a plaintiff in a lawsuit represented by the ACLU and Spencer Fane.

Shaw was speeding on Interstate 70 and stopped near Hays, Kansas by highway patrol trooper Doug Schulte. Once Shaw received a ticket, Schulte was reportedly walking away before deciding to execute a "two-step" maneuver.

Schulte returned to Shaw's vehicle and asked if Shaw was carrying any firearms or narcotics. After Shaw gave a negative answer, the trooper brought a K-9 unit to inspect Shaw's vehicle thoroughly.

The lawsuit, backed by other plaintiffs, was filed in 2020 and consolidated with a lawsuit filed by Mark Erich and Shawna Maloney. Their family's RV was searched in a similar fashion by KHP troopers in 2018.

Cannabis is still illegal in the Sunflower State. Governor Laura Kelly recently stated that she would not exercise her executive powers to permit medical marijuana possession or decriminalize cannabis in the state.

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Photo: Benzinga edit of photo by Matthew Brodeur on Unsplash  and cottonbro studio on Pexels