okay where are you coming from tonight you're coming from the west going to the east i have the right to ask you these questions this guy's refusing to speak and he's got several cameras mounted in the car also that's when you were being arrested in miranda that has nothing you're not in custody or anything i'm asking you you're driving i'm asking you travel plans welcome back to the lackluster channel on february 10th of 2019 trooper mcmillan and trooper schult of the kansas highway patrol were at a love's gas station off the i-70 in western kansas the officers claimed that when they exited the loves they smelled an odor trooper macmillan stood outside the gas station for a number of minutes and at some point observed two men one black and one white talking to each other next to a rented vehicle and decided that they could be associated with the smell and for some reason suspected them of trafficking narcotics using two different vehicles where the lead vehicle would attempt to draw police attention and the trail vehicle transports as it turns out the white man happened to work for the gas station and was helping fix an issue with the pump the trooper followed the black male and eventually pulled mr bosare over for driving six miles in excess of the speed limit you roll your window down please the kansas highway patrol check your speed 82 speed limit 75 to your driver's license please you have your rental agreement with you let me see your other right hand there please thank you okay where are you coming from tonight we're at you're coming from west because that in kansas is that in colorado or is west i'm asking what your travel plans are what's that i mean from the west i'm heading east you're coming from the west going to the east okay [Music] what's the purpose of your trip sir i'm asking you what your travel plans are i have the right to ask you these questions okay so you're telling me you're not gonna answer the questions is that what you're saying i mean don't make me stand out here if you're not going to answer my questions i'm not going to keep asking you yo my driver's license okay i notice you're not wearing your seatbelt also okay upon request mr bosare provided his driver's license and car rental agreement but after exercising his right to remain silent trooper mcmillan returned to his cruiser to draft a speed warning and called for a backup unit eight two and can check 3i for 5d and 411 if you're close can you stop by 253 411. go ahead [Music] that code 1 is no longer in this vehicle i don't know if you might have been in that other that charger that you ran you might check the 157 exit to see if you stopped this guy's refusing to speak and he's got several cameras mounted in the car also look for that charger oh you can come here about four minutes later trooper schultz arrives on scene he's got a camera on the back head rest there on the back passenger side okay he's got got one right here by his mirror we have this phone right here recording also okay i asked some travel plans you won't tell him anything say he's going from the west to the east you say he doesn't have to tell him anything else okay he's gonna say no but i'll ask you can go up there and see if you can smell anything no i won't no no yeah nothing so i'm thinking it might be in the other car okay trooper mcmillan now inquires about the proximity of the nearest canine unit while also indicating that he lacked reasonable suspicion to even hold mr bosare to run a free air sniff as he could no longer smell marijuana and now believed that another car was the transporting vehicle now nearly 13 minutes into the stop dispatch confirms mr bosare's license to be valid trooper mcmillan states again that he cannot smell anything while discussing how many cameras mr bossa ray has i can't smell anything so if he doesn't let me i'm out i'll hold him on it for a dog what do you think i mean you want to answer questions though travel plans [Applause] there's a like a binder in the back seat with a blanket over it just all those cameras [Music] when he returns to the vehicle with the intent to deliver a speeding warning he asks about a phantom transport vehicle and what he was doing at the love's gas station hey where'd your body go the guy you're with it loves the gas station you were at yeah when you're getting gas you get a different car or what you don't know where he went you don't know what i'm talking about you don't remember talking to the guy at love's at the gas pump okay i'm not talking about any troopers i said the guy at the gas pump that was with you i was at love's i saw you yes you were getting gas in this car there's a white guy with a hoodie on talking to you at the gas club he walked right beside you there was someone there talking to you so i mean you didn't just make me a little suspicious here because you're not telling me what you're doing you know what i mean you got all these cameras mounted like why we have cameras too what are we trying to hide sir listen listen let me talk okay i'm not giving you a chance for speed however you're making me highly suspicious that you're transporting something illegal is that the case is that why you don't answer any questions that's when you were being arrested in miranda that is nothing you're not in custody or anything i'm asking you you're driving i'm asking you travel plans listen listen you make me suspicious by the way you're not telling me what your travel plans are leave me to believe that your transport set you shouldn't be transported is that the case so you don't mind if i look okay we'll call a k-9 here okay all right okay we'll call k-9 then five ten minutes oh no i'm not wasting my time i'm getting paid to do this i'm just doing my job all right i'm not wasting your time you're wasting your time if you don't want us to look that's you're right you're right there yeah okay so we'll call k9 it'll be about 10 minutes though okay i gotta call him he's actually in that other town that we were just at so it'll be a minute before he gets here trooper macmillan articulates that the reason for his suspicion is having cameras and refusing to answer questions both of which are protected civil rights but the trooper insists that the right to remain silent is only when you're being arrested that's when you were being arrested in miranda that has nothing you're not in custody or anything i'm asking you you're driving i'm asking you travel plans remember that no officer can compel your speech or a testimony against yourself and they certainly cannot use your right to remain silent against you mr bosure again mentions his right to silence and declines consent to search his vehicle with that trooper macmillan directs trooper schult to request a k-9 unit the trooper has already approached the vehicle with the speeding warning and has already admitted that he has not smelled the odor of marijuana and had no other reasonable suspicion that mr bosare was trafficking drugs other than he was expressing his first amendment right to film the interaction on a pre-installed dash camera and would not tell the trooper his travel plans 22 more minutes pass as they wait for the canine unit to arrive during which trooper macmillan repeats his concerns with mr bosare exercising his civil rights and he refuses to answer questions he won't tell me where he's coming from or where he's going just says going from west to east it's got a camera mounted on the back right passenger seat one mounted on the mirror rear view mirror and he's also got his cell phone recording in the cup holder now he also never rolls his windows down the full way either he only rolls them down about one-fourth halfway finally 36 minutes into the detention for allegedly driving six miles over the speed limit trooper miller arrives on scene with a canine phillips kelly's calendar i'll get him out for you here real quick he's just he's not talking he's got cameras okay if you want to step out while he runs the k9 around uh when you step out i am it i am going to patch you down just make sure you have any weapons on you that way i don't worry about your reaching into your pockets yeah can you shut the car off too so that won't mess with the dog please they removed mr bosare from the vehicle and conduct a terry pat down though they had no reason to believe he was armed and dangerous they then run the dog around the vehicle as long as the dog doesn't indicate you'll get back in the car and you're out of here we'll just wait till i caught cops go ahead i'm not stopping you never said you couldn't did i no no okay it's just wait you could have stopped me at the gas station and asked me you could have why you weren't speeding at the gas station mr bosaray asks the officer why he didn't question him at the gas station and the trooper responds that he wasn't speeding at the gas station showing that the stop was premeditated which is demonstrated again when another trooper radios into dispatch and we've tailed this vehicle to doors he's not giving us any reasons to pull him over so i'm going to 10 22. the canine finds nothing and after nearly 45 minutes they released mr bossarray we looked at your car that's how you had a radar detector and that's how you had cameras mounted in there it's not normal for most people so yeah it draws our attention you're not i'm not hiding anything that's fine i'm not doing anything wrong you can record all you want eventually a lawsuit was filed that included a second incident and a second party in which troopers extended a traffic stop to allow for an inspection by a dog the lawsuit alleges that the troopers unconstitutionally target out-of-state vehicles for traffic stops investigations show that out-of-state drivers make up 96 of all the patrols reported civil forfeitures from 2018 to 2019 and 93 of their total traffic stops the lawsuit explains that troopers use what they call the kansas two-step to gain access to vehicles which is where an officer issues a ticket or a warning and then asks for consent to search the vehicle this technique is used to end the traffic detention and then they pretend to re-engage the driver in what could be considered a consensual encounter the method was taught to all kansas highway patrol officers and is included in their training manuals if the driver denies consent to a search a canine unit is then called to the scene the issue here is that detaining drivers after the initial purpose of the stop has been resolved and prolonging the encounter absent consent or reasonable suspicion of criminal activity is not lawful and an egregious violation of your civil rights the lawsuit reached the 10th circuit court of appeals where the court found trooper mcmillan's declarations of reasonable suspicions for the stop was lacking incoherence painted an incomplete picture and would permit a reasonable jury to find trooper macmillan incredible that the trooper leapt to conclusions about the odor at the gas station and failed to connect his claims that mr bossarray could be caravanning they also found that seeking to invoke his right to remain silent does not display dishonesty and that renting a vehicle having cameras and refusing to roll window all the way down during a cold night in february does not contribute to suspicion of trafficking the court found it was so obvious that reasonable suspicion was lacking as to permit mr bosare to overcome trooper mcmillan's assertion of qualified immunity affirming the district court's denial of trooper mcmillan's motion for summary judgment however they did grant qualified immunity to trooper schult because the duty to intervene to protect the constitutional rights from infringement by other law enforcers in their presence was determined on an excessive force case and therefore was somehow not clearly established so now three years after the incident the courts have ruled that the case can finally proceed to trial it will likely be a bit longer until we learn the final outcome but as the information becomes available i will be sure to update you here as always thanks for watching if you have a video you'd like to submit for review use the link in the description or pinned comment don't forget to subscribe and hit the bell notification for future content and remember to like share and comment down below of what you think of this interaction it really helps the channel if you enjoy our content try our other channels lackluster limited for criminal psychology content and the odd side for paranormal videos shirts and other merchandise are available at the teespring store membership start at just a buck if you'd like to help further support the channel and get a slick lack logo next to your name i look forward to seeing you in the next video all links are down below you