EFF and ACLU File Amicus Brief Urging Warrant Requirement for ALPR Searches in Sixth Circuit
The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) have filed an amicus brief with the Sixth Circuit Court of Appeals in the case of *United States v. Sturdivant*. The brief argues that law enforcement's use of Automated License Plate Reader (ALPR) data to track individuals constitutes a 'search' under the Fourth Amendment, thereby requiring a warrant. The case involves police in Cleveland, Ohio, who used ALPR databases (Flock and ELSAG) to track a suspect's vehicle near robbery sites without a warrant, leading to an arrest. The district court previously ruled that the defendant had no reasonable expectation of privacy in his license plate number because it is publicly observable. However, the EFF and ACLU contend that ALPR systems create a 'virtual time machine' of past movements, far exceeding casual public observation and amounting to indiscriminate mass surveillance. They cite a recent federal district court ruling that recognized ALPRs as a form of mass surveillance...
