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Law enforcement is using a third party (Flock) to get around constitutional requirements. A camera pointed at a public street isn't the same constitutional que
by text0404 8d ago
Law enforcement is using a third party (Flock) to get around constitutional requirements.
A camera pointed at a public street isn't the same constitutional question as LE searching a persistent database to reconstruct someone's movements. The latter falls into fourth amendment search territory.
- Manuel_D 8d agoJesus, how many times are you just going to parrot the same replies over and over? No, the putting public facing camera video into a database does not make it a search. The case you cited, Chatrie vs. United States, involved the government demanding that Google hand over private cellphone location data on everyone inside of a geofence boundary. The court decided that forcing Google to hand over geolocation data was akin to forcing Google to hand over email contents, which requires a warrant. You're trying to turn around and interpret this to saying that the plain view doctrine doesn't apply to ALPRs, which record public spaces. This isn't the case of law enforcement using a third party to get around constitutional requirements. The government could set up their own cameras doing exactly what Flock does, and it would still not violate anyone's constitutional requirements. Because people don't have a right to not be recorded in public, no matter how much you want that to be the case.
- text0404 8d ago> Jesus, how many times are you just going to parrot the same replies over and over The same amount that you do, dude. You're in every single one of these threads, and despite being proven wrong over and over again you keep being "confused" about how people are against this technology. Even in this thread, you keep responding with the same points based on your equivocation of an individual taking a picture in public and a state law enforcement organization aggregating and tracking individuals who haven't committed crimes. Try reading some SC cases and actually paying attention to the responses you're getting.
- Manuel_D 8d agoI had already addressed your same points an hours earlier: https://news.ycombinator.com/item?id=49629159 https://news.ycombinator.com/item?id=49629159 https://news.ycombinator.com/item?id=49629142 https://news.ycombinator.com/item?id=49629142 And yet you still start yet another thread insisting that a database makes public facing video cameras a privacy violation. When have I been "proven wrong over and over again"? The court cases you've cited are all about governments demanding private cell phone location information. You're trying to take decisions that amount to, "the police need a warrant to demand private cellphone location data from telecoms" and make the enormous leap to your imaginary decision, "the police cannot record people in public and search those recordings".
- text0404 8d agoJust because the specific ALPR technology was not being litigated doesn't mean that the law doesn't apply to similar technologies. At issue here is the government being able to monitor and track people in public, not that photographs are ok because individuals can take them at will. > A person does not surrender all Fourth Amendment protection by venturing into the public sphere. To the contrary, “what [one] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz, 389 U. S., at 351–352. A majority of this Court has already recognized that individuals have a reasonable expectation of privacy in the whole of their physical movements. Jones, 565 U. S., at 430 (Alito, J., concurring in judgment); id., at 415 (Sotomayor, J., concurring). Prior to the digital age, law enforcement might have pursued a suspect for a brief stretch, but doing so “for any extended period of time was difficult and costly and therefore rarely undertaken.” Id., at 429 (opinion of Alito, J.). For that reason, “society’s expectation has been that law enforcement agents and others would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual’s car for a very long period.” Id., at 430. https://www.law.cornell.edu/supremecourt/text/16-402 https://www.law.cornell.edu/supremecourt/text/16-402 Edit for your edit: you haven't refuted anything man, you keep trotting out the same arguments in those linked threads: - The data includes "private movements" which is why it's unconstitutional (the SC said aggregation of public data can impel privacy concerns) - An individual or LE can take a photograph of you or your house, therefore collecting photographs from geolocated cameras and tracking you over time is not constitutionally distinct (but it is) - The specific technology at the center of these cases are not ALPRs, therefore the rulings have no bearing on Flock (despite the fact that courts are not litigating the specific technology, but rather the constitutional principles of their use)