We’re Asking an Appeals Court to Require a Warrant for ALPR Searches

The ACLU and Electronic Frontier Foundation have jointly submitted an amicus brief to the Sixth Circuit court of appeals in United States v. Sturdivant. The case centers around the use of Automated License Plate Reader (ALPR) technology by law enforcement to track a suspect's movements without a warrant. The brief emphasizes the extensive network of ALPRs that constantly monitor drivers across the nation, arguing that such monitoring constitutes a "search" under the Fourth Amendment.

The case involves a series of robberies in Cleveland, Ohio, where police identified the vehicle used by the perpetrator but lacked its license plate number. After scanning two ALPR databases, officials discovered the defendant's vehicle had been near the crime scenes, leading to his arrest. The district court ruled that Mr. Sturdivant had no reasonable expectation of privacy in his license plate number, as it was visible to the public, and therefore had no Fourth Amendment interest in preventing his car from being tracked in public.

However, supporters argue that ALPRs are vastly different from observing an individual's license plate, as these systems provide law enforcement with a "virtual time machine" to view suspects' past movements and more, with a simple click. A recent federal district court concurred, considering ALPRs a form of indiscriminate mass surveillance that could violate the Fourth Amendment.

The ACLU and EFF hope the Sixth Circuit will overturn the lower court's decision and conclude that ALPR searches necessitate a warrant.