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…
License plate reader searches should require a warrant
41–50 of 423 posts
Re: License plate reader searches should require a warrant
#42This is a hole in the Constitution that would be better patched, at least with statute, better with an amendment. The fourth amendment says The right of the people to be secure in their persons, houses, papers, and effects... Who is "their" here? In terms of property rights it's the people who own those digital "papers". The individuals who that data is about do no maintain or control that data, and could not destroy…
..."and particularly describing the place to be searched, and the persons or things to be seized." It was an attempt to secure privacy. "Their" means an individual, a person. Essentially, you control what you control, and do not need to give up this control unless there is suspicion of crime.
Re: License plate reader searches should require a warrant
#43Earlier quoted context omitted.
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.
As a private citizen, I can't just legally look up a license plate and get an owner and address due to data privacy laws.
Re: License plate reader searches should require a warrant
#44Earlier quoted context omitted.
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…
> 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. Scale actually matters. Things that are generally OK at a small scale become problematic at larger scal…
Re: License plate reader searches should require a warrant
#45Either 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 want this data to require a warrant to access. Having said that, I agree that it should be open to everyone if warrants aren't required.
I've said this for years and I almost always get the "But stalkers!" pushback.
I think "But stalkers!" can be answered with applications to enable individuals to track their stalkers themselves. Since the police have no duty to protect I'd argue tracking a stalker yourself is probably a better solution anyway.
Re: License plate reader searches should require a warrant
#46Either 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…
Re: License plate reader searches should require a warrant
#47This is a hole in the Constitution that would be better patched, at least with statute, better with an amendment. The fourth amendment says The right of the people to be secure in their persons, houses, papers, and effects... Who is "their" here? In terms of property rights it's the people who own those digital "papers". The individuals who that data is about do no maintain or control that data, and could not destroy…
Go against this, and filming your kids baseball game becomes a legal nightmare.
Re: License plate reader searches should require a warrant
#48Either 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…
Also, if it's the police, at least they're part of the community and people can monitor and have an effect on what they do. When it's a private company, none of that is true.
Re: License plate reader searches should require a warrant
#49Re: License plate reader searches should require a warrant
#50Either 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…