‘Kansas two-step’ costing state over $2 million

WICHITA, Kan. (KSNW) – A judge has ordered the State of Kansas to pay more than $2 million for the “Kansas two-step maneuver.”

In 2023, a federal judge ordered the Kansas Highway Patrol to stop using the procedure. It involved a trooper completing a traffic stop, taking two steps away, and then returning to the driver to question them. The American Civil Liberties Union argued drivers did not know they did not have to answer questions.

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The two-step was ruled unconstitutional because it violated the Fourth Amendment’s freedom from unreasonable searches and seizures.

District court documents show several people who sued concerning the maneuver asked for over $3 million to cover the trial costs.

Plaintiff’s Requested Award

Attorney Fees – Bench Trial

$634,503.85

Attorney Fees – Jury Trials

$2,013,278.95

Non-Taxable Costs – Bench Trial

$231,733.44

Non-Taxable Costs – Jury Trials

$131,414.84

Total

$3,010,931.08

They cited the complexity of the cases and the quote “un-desirability” of the cases for the requested amount. The court said the arguments were not persuasive and instead ordered $2.3 million.

The KHP says it cannot comment on the order until the attorney general’s office reviews and evaluates it.

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