Traffic Stops in Kansas
What Is the Trooper Two-step?
The āTrooper Two Stepā or āKansas Two Step,ā takes advantage of the, often murky, distinction between whether somebody is legally being ādetainedā or in a āvoluntary encounterā with law enforcement.
Letās start with the rule: during a traffic stop, you can only be stopped (detained) for as long as it takes the officer to write the ticket.
This assumes they don't develop probable cause during the stop.
Probable Cause could develop, for example: if youāre pulled over and smell like booze. Now, they have probable cause to investigate a new crime (DUI) and to continue the traffic stop (detention).
But, if no probable cause develops, they have to write a ticket and let you go about your business.
Thatās Where the Trooper Two-step (Kansas Two Step) Comes Into Play.
The trooper two-step (Kansas Two Step) happens after a traffic stop:
- First, the officer gives you your license and insurance back and says āyou're free to leave.ā
- Then, the officer takes two steps to the rear of the car.
- Then, the officer turns around and comes back to your window and says:
"Hey, by the way. You know we've got a lot of problems here with guns, drugs. You don't have any rocket launchers or drugs in the car, do you? You don't mind if we search?" (Trooper two-step is also known as "the Kansas Two Step")
Letās pause right here in the traffic stop procedure. Since, the officers gave back your license and told you that āyou're free to leaveā, a line has been crossed. This is no longer a traffic stop, because they told you āyou're free to leave.ā
Now, this is a voluntary encounter.
Before they gave you your license back, they needed to have some kind of reasonable suspicion ā or evidence to believe you've committed a crime to ask you to search your car. Now, since this is a āvoluntary encounter,ā they don't need any reasonable suspicion, now they don't need probable cause.
What do you do if you're in a situation like that, and you feel like they've done the trooper two-step to you? Just ask: "Am I free to leave?"
