How is a traffic stop supposed to go in Kansas? Know your rights if pulled over

Being pulled over by police is something many have experienced — but the outcome of a routine traffic stop can vary widely.

In the best cases, drivers are let go with a verbal warning about road safety or the state of their vehicle. But in other cases, getting pulled over can lead to an unlawful search or even a fatal shooting.

Police conduct during traffic stops is the subject of a new civil lawsuit in federal court this week in Kansas City, Kansas. The Kansas ACLU alleges that Kansas state troopers practiced a shady tactic called the “Kansas two-step” to trick drivers into giving them information voluntarily.

Here’s what to know if you get pulled over in Kansas.

When can police pull drivers over?

Kansas law states, “Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime.”

What counts as a “reasonable suspicion” of a crime has been the subject of court debate for decades.

Having expired tags, speeding, driving recklessly or following another vehicle too closely all count as traffic violations in Kansas, allowing police to pull you over. But the law becomes murky when police pull someone over without direct evidence that they are committing a crime.

The ongoing case against Kansas Highway Patrol Superintendent Col. Herman Jones involves troopers allegedly pulling over vehicles with Colorado license plates, suspecting that they may contain marijuana.

Wichita criminal defense lawyer Ryan Gering told The Star that this practice isn’t lawful.

“In order to stop somebody, they’ve got to have reasonable suspicion that some sort of criminal activity is taking place,” he said. “It is not illegal to be from Colorado.”

Do the police have to tell me why they pulled me over?

Gering said that it’s common practice for police to inform you why they have pulled you over.

“They generally always do,” he told The Star.

But in some cases, police may not let you know why you have been stopped. This was the case with Amaree’ya Henderson, a 25 year old recently shot and killed by police during a traffic stop in Kansas City, Kansas.

If you suspect you are the subject of unlawful profiling, the Kansas ACLU recommends noting the officer’s badge number and keeping copies of any documents you are given. You can then seek a lawyer or file a complaint with the department or the Kansas Attorney General’s Office.

You are also allowed to make an audio recording of any interactions you have with police.

Kansas is a single-party consent state, meaning that recording a conversation is legal and admissible in court as long as one party consents to being recorded. You count as one of the parties, so recording yourself speaking with an officer is legal.

What do I have to tell the police if I am pulled over in Kansas?

The Kansas ACLU recommends showing police your driver’s license, car registration and proof of car insurance when asked. However, you do not have to give any other information to officers if you don’t want to.

“The extent of really what you’re required to do is identify yourself,” Gering said. “You don’t have to answer their questions beyond (that). You don’t have to participate in any testing they want to do; you don’t have to consent to any searches.”

In Kansas, you must specifically invoke your right to remain silent. You can do this by saying, “I am invoking my right to remain silent.” A 2008 Kansas Supreme Court case determined that an ambiguous statement, like asking to continue talking at another time, doesn’t count as asserting this right.

The Kansas ACLU’s resources advise drivers not to lie to an officer, as this is against the law. They add that you should not chat with the officer about an unrelated topic, as any information you tell them may be used against you. Your passengers also have the right to remain silent.

When can the police search my vehicle?

If an officer asks to look inside your car, you can refuse, according to Gering and the ACLU materials. But if an officer believes your car contains evidence of a crime, they can search it without your consent.

The smell of marijuana in your car counts as “probable cause” to search a vehicle for evidence of a crime, because marijuana is not legal in Kansas.

However, a 2014 state Supreme Court case determined that the smell of alcohol alone does not count as probable cause, because the smell cannot indicate whether the alcohol is being transported illegally.

Do I have to get out of my vehicle if asked?

In general, the ACLU advises staying in your vehicle during a traffic stop when you have the option to do so.

But Gering adds that police are allowed to order you out of your vehicle — and that refusing to do so could lead to charges like resisting arrest or interfering with an officer’s official duties.

“Basically, you’re not allowed to refuse a lawful order, even if the lawful order is later determined to be illegal,” he said. “If somebody refuses to do what the officer wants, that’s gonna throw up red flags for the officer that something else is going on.”

He concluded that he advises clients to be courteous and comply with officers’ instructions.

“The officers are going to do what they’re going to do,” he said. “You fighting with them about it at the scene isn’t going to do you any good. If what they’re doing is not legal, then you can later challenge that in court.”

When can I leave a traffic stop?

A traffic stop has ended when your interaction with the officer is complete. If you aren’t sure whether you’re free to go, ask the officer before driving away.

The ACLU advises that once a traffic stop is complete, you do not need to say anything further to officers. If they try to engage you on another topic, you do not have to respond.

Instead, simply ask if you are free to leave.

“Once the traffic stop is finished, cautiously merge into the flow of traffic,” the Kansas State Highway Patrol advises.

Do you have more questions about police accountability in Kansas or Missouri? Ask the Service Journalism team at kcq@kcstar.com.