TECH Signal 486
License Plate Reader Searches Should Require a Warrant
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Crime analyst Andrew Wheeler argues that historical searches of automated license plate reader data should require a warrant, a standard he believes courts will inevitably mandate as cameras become ubiquitous.
It highlights the legal ambiguity surrounding mass surveillance data collected by police and the likely shift in privacy standards. Engineers building ALPR systems need to understand that warrant requirements for historical searches are coming, even if current case law has not caught up.
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A judge ruled against plaintiffs in Schmidt v City of Norfolk, stating ALPR surveillance is not currently intrusive enough to require a warrant.
Wheeler argues that as cameras become ubiquitous, historical ALPR searches will inevitably require a warrant under current US case law like Carpenter vs US.
He distinguishes between active flags for stolen cars and historical searches, arguing the latter needs warrant procedures to prevent abuse.
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