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Lawsuit Challenges San Jose's Warrantless ALPR Mass Surveillance

14 days ago
  • #Legal Action
  • #Mass Surveillance
  • #Privacy Rights
  • San Jose and its police department are being sued for conducting warrantless searches of drivers' private data using automated license plate readers (ALPRs).
  • ALPRs capture license plate images indiscriminately, collecting millions of records monthly, revealing personal movements and associations without suspicion of wrongdoing.
  • The lawsuit, filed by EFF and ACLU-NC, argues that these practices violate the California Constitution's protections against unreasonable searches and privacy rights.
  • San Jose Police Department retains ALPR data for a year and allows searches by law enforcement statewide without a warrant, raising privacy and freedom concerns.
  • The lawsuit seeks to stop warrantless searches of ALPR data, citing Supreme Court rulings that location information is protected under the Fourth Amendment.
  • Community leaders express concerns over the chilling effect of mass surveillance on privacy rights, especially for marginalized groups like Muslim and immigrant communities.
  • The case emphasizes the need for judicial oversight, advocating that access to ALPR data should require a warrant to protect residents' privacy rights.