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How Kansas and Missouri drivers can avoid privacy violations during police stops

A police officer riding a motorcycle is shown driving away from the camera. The motorcycle's red and blue lights are flashing. The police officer appears to be pulling over a rust-colored Dodge SUV that has a license plate that reads "Run Forrest Run."
Carlos Moreno
/
KCUR 89.3
A Kansas City Police motorcycle officer pulls over a vehicle on Hwy 71 in July 2021.

Drivers might unknowingly be exposing themselves to violations of their constitutional rights. Legal experts discuss privacy violations related to car insurance, the "Kansas two-step," and what to do if you're pulled over.

Some drivers choose to keep only a digital copy of car insurance on their phones. But legal experts are warning against going digital after two Missouri officers allegedly took nude photos and videos from women's phones during traffic stops.

"It's abhorrent, right? It's a violation of the driver's privacy, of their dignity, and it's absolutely something that shouldn't have happened," said Sharon Brett, a professor at the University of Kansas School of Law.

Drivers only need to show proof of valid insurance, so it's unnecessary for police to take a driver's phone to their patrol vehicle, said Lauren Bonds, the executive director of the National Police Accountability Project. If an officer requests to have the information while at their patrol car, drivers should instead write down their policy information.

"Only having it on your phone can expose you to unfortunate violations by the police," Bonds said.

Last year a judge ruled the "Kansas two-step" — a tactic used by the highway patrol to get drivers to voluntarily share enough information to give officers a reason to search the vehicle — is a violation of a driver's constitutional rights.

"So if an officer comes back and re-approaches the window, say, 'I don't want to answer any more questions, am I free to leave?'" Brett said.

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