I made up the title b/c the URL is to the court's finding. Doesn't have a title per se.
TLDR (ruling is 38 pages, so this is BRIEF gd!)
Driver was stopped for following too close. Officer gave warning, but no citation. Officer ran ALPR history, then searched car based on ALPR. Driver admitted to having marijuana in the vehicle, which officer said he didn't care about, and was only after hard drugs. ALPR history had driver driving a long distance for a short visit to the state.
Court ruled:
Traffic stop was legal and justified by observed violation. Officer had reasonable basis to stop driver.
The subsequent search was NOT constitutional, since officer did not have a warrant for ALPR data, and had no reasonable suspicion of criminal activity.
Result from ruling,
(Driver) has a reasonable expectation of privacy in the location data which tracked her movements over several weeks. .... The ALPR search was an unreasonable governmental intrusion of protected privacy rights.
Vehicle search result was quashed.
There's lots more nuance in the linked filing. Also citations. It's really good IMO. It balances the privacy of the driver's vehicle with the legit justification for the stop. It also notes how "persistent, dragnet surveilence" differs from other kinds. Kudos to judge Sara Hill for really good nuanced ruling, esp around pg 28+ of the ruling talking about constitutional issues.
It's long but totally worth a read. The case does not set a binding precedent.
The legal situation is FAR from perfect. But I hope just once we can have a thread where a ton of ppl don't immediately go, "this good privacy news is useless b/c it does not solve every single problem every single time!" It is evidence in favor of a slow but meaningful shift in ALPR jurisprudence. It stands along side recent SCOTUS rulings that also do that, like Chatrie v United States and Carpenter v United States.
@sh.itjust.works
Automated License Plate Readers (ALPRs) are AI-powered cameras that capture and analyze images of all passing vehicles, storing details like your car’s location, date, and time. They also capture your car’s make, model, color, and identifying features such as dents, roof racks, and bumper stickers, often turning these into searchable data points. These cameras collect data on millions of vehicles—regardless of whether the driver is suspected of a crime. While these systems can be useful for tracking stolen cars or wanted individuals, they are mostly used to track the movements of innocent people.
Learn more at deflock.me
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@sh.itjust.works
Automated License Plate Readers (ALPRs) are AI-powered cameras that capture and analyze images of all passing vehicles, storing details like your car’s location, date, and time. They also capture your car’s make, model, color, and identifying features such as dents, roof racks, and bumper stickers, often turning these into searchable data points. These cameras collect data on millions of vehicles—regardless of whether the driver is suspected of a crime. While these systems can be useful for tracking stolen cars or wanted individuals, they are mostly used to track the movements of innocent people.
Learn more at deflock.me
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This is a Tenth Circuit federal court of appeals, which means this case has already been through the lower courts and the lawyers' arguments have been pretty thoroughly legally tested. The precedent may not be binding (yet) but it can only be overturned by the Supreme Court at this point.
This is good. I would bet that the Supreme Court doesn't want to make a ruling and set a hard precedent on this issue, and will probably refuse to hear any potential appeals and let the lower court's ruling stand.
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