License Plate Recognition Technology and the Fourth Amendment

Over the past decade, crime rates in the United States have surged. Innovative technology like License Plate Recognition (LPR) technology offers promising solutions by capturing vehicle data relevant to criminal investigations. Responding to erroneous concerns that LPR technology inherently violates Fourth Amendment privacy protections, the Center for Individual Freedom (CFIF) highlights five key cases demonstrating that LPRs accord with Fourth Amendment privacy parameters. Those cases include opinions from a broad ideological spectrum of judges, including United States Supreme Court Justices Antonin Scalia and Harry Blackmun.

Cardwell v. Lewis (1974): Examination of a vehicle’s exterior does not violate the Fourth Amendment. Vehicles create a lesser expectation of privacy because they travel on public roads in plain view.
U.S. Supreme Court, Justice Blackmun

United States v. Jones (2012): Constant, long-term GPS tracking of a vehicle’s every movement requires a warrant, because that differs so significantly from limited LPR application.
U.S. Supreme Court, Justice Alito (Concurring)

Carpenter v. United States (2018): Conventional surveillance techniques and tools, like security cameras, remain acceptable.
U.S. Supreme Court, Chief Justice Roberts

United States v. Yang (2019): The use of an LPR database does not constitute an invasive search triggering Fourth Amendment concerns where the data does not reveal the whole of a person’s physical movements.
Ninth Circuit Court of Appeals, Judge Bea (Concurring)

Massachusetts v. McCarthy (2020): The use of LPR data does not infringe upon constitutional privacy rights.
Massachusetts Supreme Court

Resources

Explore our recent content detailing how LPRs align with Fourth Amendment protections and should be used by law enforcement across the nation to better protect public safety.

Press Release

Explore CFIF’s latest legal analysis affirming the constitutionality of LPR technology, highlighting its crime-solving benefits and alignment with privacy protections under U.S. law.

Legal Analysis

A review of relevant legal precedent that illustrates how LPR technology clearly and
convincingly protects Americans’ privacy rights and personal liberties while offering a potent new tool to combat crime.

One Pager

This one-pager provides a clear understanding of how five pivotal court decisions collectively support the lawful application of LPR systems while safeguarding individual privacy rights.

The Legal Foundation of LPR Technology

Timothy Lee, CFIF’s Senior Vice President of Legal and Public Affairs, discusses CFIF’s recently released legal primer exploring the constitutionality of License Plate Recognition (LPR) technology, and how the technology is used to fight crime.

Listen To Our Podcast Here

News

Interested in the latest updates on Fourth Amendment protections and LPRs? Visit our news section below for more information.