The Kansas Two-Step — KHP Interdiction, the Vratil Ruling & Civil Asset Forfeiture

Last verified: May 2026

What the Kansas Two-Step Is

The "Kansas Two-Step" is a tactic developed by Kansas Highway Patrol troopers (and adopted in some form by other state-level highway agencies) for extending traffic stops beyond their lawful scope. The tactic operates in three steps:

1. Complete the traffic stop. The trooper writes the citation or warning, returns the driver’s documents, and tells the driver they are free to leave.
2. Walk a few steps away. The trooper begins to return to the patrol vehicle.
3. Turn back. The trooper turns back to ask additional questions — which (the legal theory holds) creates a "consensual encounter" rather than a continued seizure.

The consensual-encounter framing is meant to give legal cover for extended questioning, K-9 deployment, and vehicle searches that would otherwise require independent reasonable suspicion under the Fourth Amendment.

The ACLU Class Actions

The American Civil Liberties Union of Kansas filed two class-action lawsuits challenging the Kansas Two-Step practice. The cases gathered substantial documentary evidence:

• Out-of-state plate targeting. Out-of-state drivers made up 93% of KHP stops in 2017.
• Colorado / Missouri plate concentration. The I-70 corridor became effectively a "moving target" zone for any vehicle with Colorado or Missouri plates.
• Coordinated training. KHP’s Two-Step tactic was taught at the academy and reinforced through trooper supervision.

The Vratil July 2023 Ruling

U.S. District Judge Kathryn H. Vratil issued an order in July 2023 ruling the Kansas Two-Step unconstitutional. The court held that the patrol — in Vratil’s words — "waged war on motorists." The order imposed restrictions including:

• Supervisor approval for vehicle searches. KHP troopers must obtain supervisor approval before conducting searches based on extended-stop questioning.
• Affirmative obligation to inform motorists of their right to refuse searches. Troopers must tell drivers they have the right to refuse consent to a vehicle search.
• Documentation requirements. KHP must document the reasons for any extended-stop questioning that produces a vehicle search.

Civil Asset Forfeiture — The $8M Total

According to KBI data, Kansas law enforcement seized approximately $8 million in civil forfeitures from motorists between 2019 and the lawsuit period. KHP was responsible for half ($4M+). The forfeiture pattern:

• Targets vehicles with Colorado or Missouri plates traveling on I-70.
• Cash, vehicles, and occasionally real property tied to drug-investigation pretexts.
• Civil-asset-forfeiture procedure (lower burden of proof than criminal forfeiture; defendants must prove the property is not tainted rather than the state proving it is).

Empyreal Logistics — The Highest-Profile Case

The most prominent civil-asset-forfeiture case is Empyreal Logistics, an armored cash carrier. KHP seized $1.2 million in marijuana-business cash in stops along I-70 near Abilene in 2021. Empyreal was carrying cash for legitimate Missouri and Kansas-licensed cannabis-adjacent businesses (banking armored-cash service for licensed dispensaries). The seizure produced significant federal litigation including Empyreal v. Daviau et al. in the U.S. District Court for the District of Kansas. The litigation produced settlement and meaningful Fourth Amendment civil-rights jurisprudence on cash-carrier interdiction.

The Vratil Ruling’s Limits

Despite the Vratil ruling, ACLU of Kansas Legal Director Sharon Brett continues to caution Colorado-plated drivers: the ruling restricts the worst tactics but does not end interdiction. KHP retains broad authority to conduct lawful traffic stops, request consent to search, and coordinate with K-9 units when reasonable suspicion exists.

The ruling’s practical effect has been to:

• Reduce the most aggressive Two-Step tactics.
• Increase documentation requirements that create evidentiary records for future challenges.
• Train KHP troopers to be more careful about Fourth Amendment compliance.

It has not eliminated I-70 interdiction or significantly reduced civil-asset-forfeiture totals.

I-70 and I-35 Remain Active Corridors

I-70 (east-west, Colorado–Missouri) and I-35 (north-south, Wichita–KC–Oklahoma City) remain active enforcement corridors. Drivers on these routes — particularly with out-of-state plates — should expect to be subject to traffic stops, K-9 deployments, and potential vehicle searches.

The Indy Vapes / Hemp-Shop Lawsuit Framework

The Vratil ruling provides Fourth Amendment precedent that has supported subsequent civil-rights litigation against Kansas law enforcement. The March 5, 2026 federal Fourth Amendment lawsuit by Indy Vapes (Independence) and Abilene Vape and CBD against Kobach, Mattivi, and KBI agents builds on the Vratil framework. See hemp lawsuits page.

Practical Driver Guidance

• Know your right to refuse. If a KHP trooper asks for consent to search your vehicle, you have the right to refuse. Refusal does not provide probable cause.
• Know when you’re free to go. If a trooper has completed the traffic stop and is engaging in extended questioning, you can ask: "Am I free to leave?" If yes, leave.
• Document the encounter. If your vehicle is searched, document what was searched, what was seized, and what was said. Smartphone video is permitted in most circumstances.
• Get counsel immediately. If cannabis or cash is seized, contact an attorney before responding to forfeiture proceedings. Time limits are short.
• The ACLU of Kansas (acluKansas.org, Legal Director Sharon Brett) handles civil-rights cases including Fourth Amendment challenges.

Related on this site: Kansas Cross-Border Colorado, Kansas Cross-Border Missouri, Send a Message.