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Local Police: More Studies Needed On ‘Textalyzer’

A device that allows police to detect if a cellphone was used moments before a crash aims to be a bold, new step in deterring distracted driving. But some in law enforcement say legal roadblocks are bound to arise.

Last week, Gov. Andrew Cuomo directed his Traffic Safety Committee to study “textalyzer” technology, devices that would enable police to see if a driver had been texting, emailing or simply using their cellphone in any capacity before a crash.

While New York has banned the use of handheld devices for drivers since 2009, a dozen people have been killed in the state and 2,784 people injured in cellphone crashes between 2011-15, according to the Institute for Traffic Safety Management and Research.

More than a million tickets were issued for cellphone violations during that same time.

“Despite laws to ban cellphone use while driving, some motorists still continue to insist on texting behind the wheel — placing themselves and others at substantial risk,” Cuomo said. “This review will examine the effectiveness of using this new emerging technology to crack down on this reckless behavior and thoroughly evaluate its implications to ensure we protect the safety and privacy of New Yorkers.”

The committee is expected to hear from advocates who support textalyzer technology along with other stakeholders and issue a report on their findings.

Critics, however, are already pouncing.

In a recent report by NPR, Rashida Richardson, legislative counsel for the New York Civil Liberties Union, called out the proposed technology for its blatant invasion of people’s privacy.

“Distracted driving is a serious concern, but this bill gives police power to take and search our phones after almost every fender-bender,” she said. “This is a concern because our phones have some of our most personal and private information — so we’re certain that if this law is enforced as it is proposed, it will not only violate people’s privacy rights, but also civil liberties.”

Local police, while acknowledging that textalyzers could prove helpful, said such constitutional and legal issues need to be fleshed out.

“At face value, (textalyzers) could be helpful, but there are some questions that need to be answered (such as) what information is actually captured by the device and Fourth Amendment considerations,” said Harry Snellings, Jamestown police chief.

John Bentley, chief of the Lakewood-Busti Police Department, questioned where to draw the line between public safety and someone’s privacy.

“On the face of it, (someone’s privacy) seems like small potatoes compared to somebody’s life … and in some ways, I suppose it is,” he said. “But our system is built on those kinds of protections, so where do you draw the line? I think for a certain segment of our population, it will be a hard sell to do this.”

Joe Gerace, Chautauqua County sheriff, said the devices have to be used in accordance with the law and that an invasion of privacy is one of his top concerns.

“There has to be probable cause and then the constitutional rights of the defendant always have to be kept in mind,” he said.

For Assemblyman Andy Goodell, R-Jamestown, the technology may be a step forward, but is not a provider of conclusive evidence.

“I think the technology is fine, but we need to be comfortable that the data is reliable and accurate,” Goodell said. “If it’s reliable and accurate, then it’s one piece of evidence — it would not likely be conclusive.”

Goodell said there are circumstances where a driver may hand over his or her phone to a passenger, who may be the one texting before a crash. The timing of a text in relation to a crash — for example, two minutes vs. 30 seconds — also needs to be taken into consideration, he said.

In terms of privacy, Goodell suggested that courts can still require search warrants, even with the new technology in use. The fact that you have this technology, he said, doesn’t necessarily mean it’s readily available to police.

The Governor’s Traffic Safety Committee and its member agencies are expected to study existing technology; constitutional and legal issues associated with the implementation and use of the technology; implementation and use of such technologies in other jurisdictions and statutory amendments necessary for the implementation and use of the technology.

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