A new product, with backing from lawmakers, may be closer to cracking down on distracted drivers. However, there are questions regarding its legality.
It's called the Textalyzer - a tablet like device being developed by Cellebrite that would allow police to plug into your phone, and within seconds, show them if you were using your phone while driving.
A prototype of the Textalyzer was unveiled to New York lawmakers last week where a bill, currently sitting in committee, looks to legalize such technology in order to crack down on distracted driving.
New York resident Ben Lieberman came up with the idea after his 19-year-old son was killed from a distracted driver.
"It would basically just look at when you activate a keyboard, when you type and swipe," he said. "So illegal touching and swiping versus legal voice activation."
Missouri Highway Patrol says they would be open to the technology, considering distracted driving crashes continue to rise in the state.
"I would welcome it. To be able to have that kind of technology. As long as we're not getting any personal information," said Sgt. Bill Lowe with the Missouri Highway Patrol.
But that's the big question - how much personal information would be given up with each 'Textalyzer.'?
Currently police need a search warrant to search phones. The ACLU believes even a search as basic as the current Textalyzer prototype introduced in New York last week , is unconstitutional.
"I think the Textalyzer is not the answer to law enforcement prayers," said Doug Bonney, legal director, of the ACLU of Kansas. "Because the Supreme Court has held, a couple of years ago, that the police cannot routinely search a cell phone without a warrant. And there's no question that hooking a cell phone up to any device and accessing any of its data, including swipes, touches, apps opened, is a search."
But Lieberman says the goal is to crack down on all distracted driving, not just texting - so getting a warrant for every phone record would be obsolete.
"Browsing the web. Playing candy crush, it's not gonna show up on a phone record," he said.
While it's illegal to text and drive in Kansas, it is legal to talk on the phone while driving. In Missouri, you can talk or text on your phone while driving if you're over 21.
Cellebrite, the maker of the Textalyzer, is waiting to finish the product depending on the guidelines set forth when or if a bill passes.
