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License plate reader searches should require a warrant

andrewpwheeler.com

41–50 of 423 posts

Re: License plate reader searches should require a warrant

#41
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…

[deleted]

Re: License plate reader searches should require a warrant

#42

This 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.

If you want to change "their" to mean "data about them" rather than "data owned by them" you have to not give precedence to the original public meaning. The result of that is that ordinary people are in a worse position to know what the law means, because it can fundamentally change by reinterpreting a word.

Re: License plate reader searches should require a warrant

#43

Earlier 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.

But are not public knowledge except to insurance companies and police departments (and probably a ton of companies that have bought the info as well on the gray market).

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

#44
post #29

Earlier 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…

But then scale doesn't actually matter. If you have a problem with something that "everyone does" then you should have a problem with something only a few people do.

Re: License plate reader searches should require a warrant

#45
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…

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

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

#46
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…

Former law enforcement officer here. I can say that when we conducted surveillance, we weren't allowed to use equipment that wasn't common for normal people to use. So for example, I couldn't use some sort of long-distance microphone to overhear a conversation between two people in public because a normal person wouldn't have that same type of technology. I think this applies in this context to say that a cop just scanning and logging every single plate that traverses a certain area is outside the bounds of what we'd consider lawful for normal surveillance. Alternatively, if a normal person would just sit down and write down every single car description and plate that passed by their house or any other public area, a cop doing the same thing would be reasonable. The scale of modern data collection for police is whats dangerous to individual privacy rights.

Re: License plate reader searches should require a warrant

#47

This 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…

These cameras are in public, where expectation of privacy has been ruled against a zillion times.

Go against this, and filming your kids baseball game becomes a legal nightmare.

Re: License plate reader searches should require a warrant

#48
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…

If the police stationed officers constantly at major intersections doing that, the outcry would be no less than having cameras do 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

#50
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…

Would you feel similarly if microphones were installed everywhere to record all public conversations for analysis via algorithms? Is that the same as police officers listening to conversation in a public space and taking notes?
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