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Press Conference: San Jose Residents Sue Over Surveillance

Institute for Justice · 6 months ago

The short version: San Jose residents and the Institute for Justice are suing the city, arguing its massive ALPR network amounts to warrantless, unconstitutional tracking of everyday drivers.

Our Take

This is exactly the kind of fight we've been waiting for. San Jose runs one of the biggest local ALPR networks in the country, and until now, nobody with standing had forced a court to actually weigh in on whether hundreds of cameras logging every passing plate adds up to a Fourth Amendment violation. Tony Tan, Scott West, and Colin Wolfson stepping up with the Institute for Justice gives that question a real test case, and it's a credit to them and IJ's lawyers for doing the unglamorous work of actually filing suit instead of just complaining about it.

The core argument here is the one we keep hammering: a single plate scan is nothing, but a city-wide network stitching together months or years of your comings and goings is a comprehensive record of your life that no individual cop could ever compile by tailing you. Courts have started to recognize that kind of aggregated tracking deserves Fourth Amendment scrutiny under cases like Carpenter v. United States, and this lawsuit is betting that ALPR networks are the next frontier where that logic has to apply. San Jose's scale and the murkiness of who gets access to that data — other agencies, databases, who knows — make it a strong test case for the rest of the country watching how this plays out.

Whatever happens in court, the lesson for every other city is the same: these systems get installed quietly and expand without real public debate, and residents usually find out how extensive they are only after the fact. Check our map to see what's already watching your own plates, and if you don't like what you find, head to our take-action page to start pushing back before your city ends up in a lawsuit of its own.

This is DeFlock The USA’s original commentary. The video above is the work of Institute for Justice, published on YouTube — full credit to the creator.