K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-4609 (2026)

Profiling prohibited as basis for making stop, search or arrest

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

22-4609. 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).


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2015–2026 · leading case: State v. Gray, 360 P.3d 472 (Kan. Ct. App. 2015).
Sort: Relevance Newest Treatment
State v. Gray, 360 P.3d 472 (Kan. Ct. App. 2015). · cites it 14× “Gray’s counsel briefly argued that the stop violated the racial profiling prohibitions in K.S.A. 2014 Supp. 22-4606 and K.S.A. 2014 Supp.”
State v. Gill (Kan. Ct. App. 2019). · cites it 18× “22-4609 is designed to prohibit the use of racial or other biased-based policing, the use of this kind of policing is restricted under the following circumstances: (1) Determining the existence of probable cause to take into custody or to arrest an individual; (2) establishing a…”
State v. Gray (Kan. 2017). · cites it 11× “: K.S.A. 2014 Supp. 22-4609 provides in part: "It is unlawful to use racial or other biased-based policing in: .”
Costello v. Kansas High. Patrol (D. Kan. 2025). · cites it 8× “As Count III, Plaintiff alleges a violation of K.S.A. § 22-4609. Id. at 4. Plaintiff names as defendants the Kansas Highway Patrol and State Trooper Andrew B.”
State v. Anderson (Kan. 2026). · cites it 4× “Finally, Gray addressed a defendant who sought to exclude evidence allegedly obtained during a traffic stop as a result of racial profiling in violation of K.S.A. 2014 Supp. 22-4609. The Gray court clarified the general procedure in K.”
— K.S.A. § 22-4609(b) — 2 cases
State v. Gray, 360 P.3d 472 (Kan. Ct. App. 2015). “Gray’s counsel briefly argued that the stop violated the racial profiling prohibitions in K.S.A. 2014 Supp. 22-4606 and K.S.A. 2014 Supp.”
State v. Gray (Kan. 2017). “: K.S.A. 2014 Supp. 22-4609 provides in part: "It is unlawful to use racial or other biased-based policing in: .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.