A growing number of our members have reported an unusual occurrence during routine traffic stops: patrol officers taking their photos after handing back licenses and issuing citations. In fact, Attorney Shield® member video footage has captured this behavior by police on at least three occasions. Here’s one of those videos - the officer tries, but our legal first responder firmly declines on behalf of the member. While many initially worry about legality or potential fraud, police agencies assert that this practice is fully lawful. But why exactly is this happening—and does it raise privacy concerns?

Law enforcement officials explain the practice as a means to ensure accurate identification during legal proceedings. For instance, Lieutenant Royce Challis of the Burkburnett Police Department in Texas states that officers use a system called Brazos, which securely stores these images accessible only to the municipal court. According to Challis, taking a current photograph helps judges confirm identity when a driver appears in court, particularly when appearances change over time or identity fraud occurs.

But are identification and fraud prevention the only reasons behind this practice? Privacy advocates have raised additional concerns. Although officers state that photos are used exclusively within secure court systems, skeptics worry about potential misuse, unauthorized sharing, or database breaches. Such scenarios could unintentionally expose personal images, undermine privacy and potentially facilitate misuse.

Moreover, the practice can seem redundant—after all, state-issued driver's licenses already feature a photograph. Critics argue this additional photo-taking is likely serving a troubling trend of increased surveillance by the state, especially given the proliferation of facial recognition programs where there is little to no transparency about how such sensitive information is being used.

While the practice of photographing drivers during traffic stops might have legitimate justifications from law enforcement perspectives, it also carries significant privacy implications. Police departments adopting this practice should clearly communicate their policies, security measures, and reasons behind taking these photos to maintain public trust and ensure transparency.

Those who have experienced this are encouraged to request a specific law enforcement agency for an official statement on the purpose of the photos and how they are being used.  It’s unlikely that anyone will receive a transparent answer, but doing represents a small way of pushing back on what may be another emerging area where fourth amendment rights are further eroded. ~