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License plate reader searches should require a warrant

andrewpwheeler.com

1–10 of 423 posts

Re: License plate reader searches should require a warrant

#2
It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these cameras like they can do only one thing?

Re: License plate reader searches should require a warrant

#3
Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians.

This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer.

There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear police cannot be trusted with the data without better court oversight.

It’s certainly a very powerful investigative tool, but needs solid 4th amendment protections. The Supreme Court’s recent ruling on geofence searches of cell phone records is a good indication on where the Supreme Court’s head is at on this sort of thing, where they said no you can’t just do blanket data dumps like that without a warrant.

Re: License plate reader searches should require a warrant

#4
post #2

It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these came…

By that logic, should private citizens need a background check to buy a computer, since a computer could be programmed to run cyber attacks?

Re: License plate reader searches should require a warrant

#5
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

Obviously, letting everyone track everyone is not ideal. I assume this is the intent of your proposal.

Re: License plate reader searches should require a warrant

#6
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant.

Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by its plate is not an illegal search, is it? Just cumbersome, expensive and likely ineffective. Well, now it's not. A difference in degree (of usefulness and speed), not in kind.

Re: License plate reader searches should require a warrant

#7
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

Because the ability to scale up a bunch of officers sitting around writing down literally everything they see is limited in comparison. It can only be so invasive and “always-on” everywhere. Throwing up a few dozen flock cameras costs a fraction of that and scales incredibly quickly.

Re: License plate reader searches should require a warrant

#9
post #3

Either it needs a warrant or it’s fully open and people can start creating websites showing the movements of local politicians. This middle ground that municipalities try to carve out where it’s fully open to police without a warrant but not subject to FOIL laws doesn’t appear tenable for much longer. There’s been too many cases of police officers stalking exes, poking around the data for fun and such so it’s clear p…

I don't understand why a police cruiser can sit in a public space (or even a private one) and write down licence plates and descriptions of passers-by with pen and paper, or record everything around them with dashcams and bodycams for later use, but when it comes to cameras on a pole this would require a warrant. Going back through police officers' notes or cruiser dash cam videos and tracking a car's movements by it…

License plates are public property.

Re: License plate reader searches should require a warrant

#10
post #2

It frustrates me when people call them license plate readers. I guess you need to call them something, but they are general-purpose internet connected cameras. They will do whatever their firmware tells them to do, and could be reprogrammed at any time by anyone with access. No one expected doorbell cameras to join a mass surveillance network, but later the manufacturers added that feature. Why do we treat these came…

This amounts to an argument against ever using general purpose computing devices to accomplish anything.

You could say the same about literally any privately operated device. ‘I don’t know why they call these things cell towers. They do whatever they are programmed to and can be reprogrammed by anyone with access’

Heck the same applies to non electronic things too ‘why do they call it a house? It’s a general purpose structure and could be turned into a shop or a factory or a crack den at any time by anyone with access’

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