Note: please note that this issue overview should (a) contain links to additional information on this topic that is focused either the local, state, national, or global level, and (b) be neutrally presented, based on facts, and include footnotes for each of the items.  See the Research Guide and Information Sources to assist you. 

Goal Statement    

• To create a policy that institutes a portion of training into Driver's Education courses that will teach new drivers about their rights in order to protect them from abuse of power by police and to increase safety of drivers in the event of individuals impersonating law enforcement officials. 

Policy Options / Model Programs   specific policies or program models, grouped by type, that are profiled 

• The Kansas Department of Education will make it mandatory for any/all courses taught in the area of Driver's Education to include a portion of the class to educate the students on their rights as drivers, not only to prevent them from being taken advantage of by law enforcement officials but to make them aware of potential threats to their safety by anyone impersonating an officer. Included, but not limited to, in this portion of the class is the education of the student's 4th amendment rights and how the amendment applies to them as a driver in regards to searches and seizures. In addition to being taught the 4th Amendment, students will learn that as a driver they do not have to stop immediately when a police officer is attempting to pull them over, if the driver does not feel that they are in a safe location then they are allowed to call 911 or the local police station to verify that they are being stopped by a real police officer. The driver also has the right to slow down, making it known they are not attempting to flee, and then drive to a location that they feel safe. Students also will be educated to the fact that they do NOT have to consent to a search of their vehicle and the officer cannot search a vehicle without the driver's consent, a search warrant, or probable cause and any evidence or illegal items found in an unlawful search is/are inadmissible in a court of law. If a police officer has stopped a motor vehicle driver for a traffic violation. In the absence of any other facts indicating criminal activity by the driver, it would be a violation of the Fourth Amendment if the officer conducted a full-blown search of the driver and the vehicle. The mere commission of a traffic violation is not, in and of itself, a fact that supports probable cause to believe that the driver has committed a crime.

• With the implementation of this policy, there should be a decline in driver's being taken advantage of, reducing animosity of the public toward law enforcement officials. There should also be less of an opportunity for predatory people to prey upon an unsuspecting driver that has been signaled to pull over in a remote location. With the implementation of this policy, drivers will no longer be victims of opportunity nor will they be helpless in a given situation. 

Local/State/National Information    additional information on this topic at the local, state, national, global level

• Inclusion of Drivers Rights in Drivers Education Courses - USA

• Inclusion of Drivers Rights in Drivers Education Courses - Kansas

• Inclusion of Drivers Rights in Drivers Education Courses - Topeka 

Glossary of Terms   key words or phrases that the layperson needs to know to understand this issue 

• 4th Amendment- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Driver's Education- a formal class or program that prepares a new driver to obtain a learner's permit or driver's license. It may take place in a classroom, in a vehicle, online, or a combination of the above. Topics of instruction include traffic code or laws and vehicle operation. Typically, instruction will warn of dangerous conditions in driving such as road conditions, driver impairments, and hazardous weather. Instructional videos may also be shown, demonstrating proper driving strategies and the consequences for not observing the rules.

• Advocacy- a political process by an individual or group which aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions.

•  Rights- legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice.

• Search Warrant- a court order issued by a magistrate, judge or Supreme Court official that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if it is found.

•  Inadmissible- Not allowed; not accepted as valid.

• Probable Cause- a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. It is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty. 

   

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