Great, now rigidly define scale...

saveferris an hour ago | parent | next [-]

SCOTUS has (sort of) done this in the recent Chatrie case. https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf

It's obviously different in that Chatrie was about google location data, and there actually was a warrant. SCOTUS ruled that warrant was too broad since it captured everyone in that location, not a specific person(s).

Constitutional scholars have pointed out the ALPR are next in line to face challenges based on the same principles as Chatrie - LEO can get a warrant for a specific person(s) to search but cannot search the entire universe.

That would not prevent ALPRs from existing, but it would require a warrant to search them. Which seems reasonable and completely in line with the 4th amendment.

Edit: words/spelling

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WarmWash an hour ago | parent [-]

OK sure, but do they now also need a warrant to look at their own footage from their body cam, or their dashcam? What about the camera on the side of the municipal building?

Compelling parties to give up data is different than looking at your own data. And it is firmly established that recording and reviewing footage in public space is totally fine.

So we are back to square one...How do we define scale such that a police camera on a police car is OK, but a police camera on every corner is not. Or that individuals can record in public but police cannot.

	▲	connicpu 39 minutes ago \| parent \| next [-]
		Sometimes the law is vibes, SCOTUS will probably create a set of tests where lower courts will have to look at how many points it hits and decide whether it's over the line on a case by case basis.
	▲	amanaplanacanal 37 minutes ago \| parent \| prev [-]
		I don't know what the philosophical answer is, but the real answer is that we don't, the supreme Court does.

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LPisGood an hour ago | parent | prev | next [-]

You don’t need to do that, actually. The legal system in the United States is highly capable of sussing out descriptions like “undue or unreasonable”.

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devin an hour ago | parent | prev | next [-]

You don’t need to rigidly define scale to demonstrate at a common sense level that there is a major difference between a couple cops writing down your license plate and a nationwide network of them entering your plate into a searchable ledger.

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WarmWash an hour ago | parent [-]

...so we only have 5 cameras, one at each entrance to our town.

Five cameras is less than what the number of police on duty are using.

	▲	autoexec 13 minutes ago \| parent \| next [-]
		The number of cameras matters much less than what those cameras are being used for. If police body cam footage was being indiscriminately scanned for any and all license plate data and all of that data was being fed into a national database which was being routinely accessed and abused that would also be problem. As far as I know, that isn't the case.
	▲	pixl97 19 minutes ago \| parent \| prev [-]
		Given that in the majority of places police are typically busy doing things like writing speeding tickets and going on calls that leaves a lot less time for them to sit still for an 8 hour shift and record every single plate they can see 24/7/365. Those 5 cameras would represent 15 to 20 officers which is a huge taskforce no matter how large the department.

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RHSeeger an hour ago | parent | prev | next [-]

The point at which we decide it's dangerous to the safety, freedom, and happiness of citizens. Every law we have is a balance between "provides good" and "imposes bad" - and we have to adjust where that balance lies on an ongoing basis as things (technology) change.

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incorporeal an hour ago | parent | prev | next [-]

It’s impossible to “rigidly” define words like “chair” when faced with someone who’s committed to demonstrating ways you’ve failed to do it.

Luckily we never need to do that with words for them to be useful, even in legal contexts.

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chucksta an hour ago | parent | prev | next [-]

How many man hours could the department in question realistically dedicate to the investigation without the technology

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morkalork an hour ago | parent | prev [-]

Scale does matter. Take bacterial infections for example, there's a tipping of scale on the way to full blown sepsis