We’re Asking an Appeals Court to Require a Warrant for ALPR Searches
The Electronic Frontier Foundation and ACLU have filed an amicus brief in the Sixth Circuit court, arguing that warrantless tracking of suspects using Automated License Plate Reader (ALPR) data violates the Fourth Amendment.
In United States v. Sturdivant, police tracked a robbery suspect's movements using warrantless searches of ALPR databases Flock and ELSAG. The defendant was arrested after his car was identified near robbery sites through these searches.
Mass Surveillance Concerns
The district court previously ruled that individuals have no reasonable expectation of privacy in their license plate numbers since they can be observed publicly. However, the EFF argues ALPRs are fundamentally different, creating a virtual time machine to view suspects' past movements with just the click of a button.
ALPRs are simply not comparable to observing an individual license plate on a passing car.
Legal Precedent
Just last month, a federal district court agreed with this reasoning, describing ALPRs as "a form of indiscriminate mass surveillance" that can violate the Fourth Amendment. The EFF has previously challenged ALPR use in San Jose, California and Wisconsin.
The Sixth Circuit now faces the decision of whether to reverse the lower court's ruling and establish that ALPR searches require a warrant, potentially setting a significant precedent for digital surveillance practices nationwide.
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