Printable Format22-4609. Profiling prohibited as basis for making stop, search or arrest. It is unlawful to use racial or other biased-based policing in:
(a) Determining the existence of probable cause to take into custody or to arrest an individual;
(b) constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or
(c) determining the existence of probable cause to conduct a search of an individual or a conveyance.
History: L. 2005, ch. 159, § 4; L. 2011, ch. 94, § 2; May 26.
CASE ANNOTATIONS
1. In a hearing on a motion to suppress evidence, whether a law enforcement officer unlawfully used racial or other biased-based policing is a question of fact to be determined by the district court. State v. Gray, 51 Kan. App. 2d 1085, 1096, 360 P.3d 472 (2015).
2. When considering an alleged violation of Kansas' biased-based policing statutes, judge must examine more than the ultimate justification of a traffic stop and must consider whether an officer "unreasonably used' a characteristic listed in section when deciding to initiate the enforcement action. State v. Gray, 306 Kan. 1287, 1298, 403 P.3d 1220 (2017).
3. Approaching two black males because they are "staring hard at you" is an unreasonable use of race to initiate a law enforcement action. State v. Gill, 56 Kan. App. 2d 1278, 1288, 445 P.3d 1174 (2019).