CA5: use of license plate readers is not a search, federal machine gun ban is constitutional
This isn't complicated—it's willpower.
The 5th circuit decides to go for a double feature, addressing primarily whether the use of license plate readers constitutes a search for 4th amendment purposes while also confirming the federal machine gun ban is constitutional. Quoting from the key portion of their opinion on LPRs:
True, the LPR system allows the government to access an historical record for some time, and that type of retrospective data can allow police to “travel back in time to retrace a person’s whereabouts” without needing to “know in advance whether they want to follow a particular individual, or when.” But the LPR technology in the instant case provides only periodic information about a vehicle’s location when a vehicle passes one of its ten locations where an LPR camera is stationed in Gautier and is much more limited than CSLI and geofence data, which is capable of capturing a greater volume of comprehensive information with a higher degree of quality and precision
This'll be an interesting space to keep an eye on in the future as LPRs become even cheaper and more widely deployed. We can see where that can lead with the upcoming Chatrie v. US case the court recently granted cert on.
This isn't complicated—it's willpower.
The 5th circuit decides to go for a double feature, addressing primarily whether the use of license plate readers constitutes a search for 4th amendment purposes while also confirming the federal machine gun ban is constitutional. Quoting from the key portion of their opinion on LPRs:
True, the LPR system allows the government to access an historical record for some time, and that type of retrospective data can allow police to “travel back in time to retrace a person’s whereabouts” without needing to “know in advance whether they want to follow a particular individual, or when.” But the LPR technology in the instant case provides only periodic information about a vehicle’s location when a vehicle passes one of its ten locations where an LPR camera is stationed in Gautier and is much more limited than CSLI and geofence data, which is capable of capturing a greater volume of comprehensive information with a higher degree of quality and precision
This'll be an interesting space to keep an eye on in the future as LPRs become even cheaper and more widely deployed. We can see where that can lead with the upcoming Chatrie v. US case the court recently granted cert on.
CA5: use of license plate readers is not a search, federal machine gun ban is constitutional
This isn't complicated—it's willpower.
The 5th circuit decides to go for a double feature, addressing primarily whether the use of license plate readers constitutes a search for 4th amendment purposes while also confirming the federal machine gun ban is constitutional. Quoting from the key portion of their opinion on LPRs:
True, the LPR system allows the government to access an historical record for some time, and that type of retrospective data can allow police to “travel back in time to retrace a person’s whereabouts” without needing to “know in advance whether they want to follow a particular individual, or when.” But the LPR technology in the instant case provides only periodic information about a vehicle’s location when a vehicle passes one of its ten locations where an LPR camera is stationed in Gautier and is much more limited than CSLI and geofence data, which is capable of capturing a greater volume of comprehensive information with a higher degree of quality and precision
This'll be an interesting space to keep an eye on in the future as LPRs become even cheaper and more widely deployed. We can see where that can lead with the upcoming Chatrie v. US case the court recently granted cert on.
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