Most drivers do not know that they have a right to deny consent,and troopers are more than happy to exploit their lack of knowledge of their legal rights. Even though the law requires that consent be knowing, intelligent and voluntary, troopers don’t generally let such niceties stand in their way. For drivers who are not initially forthcoming with consent, troopers are trained to conclude the traffic stop, somehow signal that the driver is free to go, then immediately re-engage the driver in friendly, casual conversation to keep the driver at the scene and enable the trooper to develop reasonable suspicion or take another stab at getting consent . . .
The Court found that the Kansas Highway Patrol “is engaged in a pattern or practice of prolonging traffic stops by using the Kansas Two-Step to coerce drivers into answering questions when the troopers do not have reasonable suspicion and the drivers do not feel free to leave. This practice violates the Fourth Amendment by extending traffic stops without reasonable suspicion and without the knowing, intelligent and voluntary consent of the drivers.”
Full case here: BLAINE FRANKLIN SHAW et al., v. HERMAN JONES, in his official capacity as the ) Superintendent of the Kansas Highway Patrol, ) et al.,
https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2020cv1067-86
Anton Vialtsin, Esq.
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