License Plate Reader Searches Should Require a Warrant

Aug 12, 2026 · 2:43 PM UTC ·12 min read · 0 reactions · 0 comments · 6 views

#license #plate #reader #searches #should

TL;DR · WeSearch summary

So while I work with police departments regularly, I think it is critically important that technology be used reasonably. Here is a quote from the judgment: Consistent with Plaintiffs’ claims in this case and controlling precedent involving mass surveillance in public spaces, ALPR surveillance could become too intrusive and run afoul of [constitutional privacy standards] at some point. While a definitive answer to that question is elusive, what is readily apparent to this Court is that, at least in Norfolk, Virginia, the answer is: not today.

Key facts

▪So while I work with police departments regularly, I think it is critically important that technology be used reasonably.
▪Here is a quote from the judgment: Consistent with Plaintiffs’ claims in this case and controlling precedent involving mass surveillance in public spaces, ALPR surveillance could become too intrusive and run afoul of [constitutional privacy
▪While a definitive answer to that question is elusive, what is readily apparent to this Court is that, at least in Norfolk, Virginia, the answer is: not today.

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Andrew Wheeler

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Record

Original publisher	Andrew Wheeler
Canonical URL	https://andrewpwheeler.com/2026/08/12/license-plate-reader-searches-should-require-a-warrant/
Publication time	Wed, 12 Aug 2026 14:43:39 +0000
Retrieval time	2026-08-12T15:01:37.437Z
Last seen	2026-08-12T15:01:37.437Z
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Opening excerpt (first ~120 words) tap to expand

So while I work with police departments regularly, I think it is critically important that technology be used reasonably. While this may be off-putting to some of my clients, I worked with the Institute for Justice as an expert witness in their trial Schmidt v City of Norfolk. (Any opinions herein are my own and not those of IJ, to be clear.) The gist of that case was whether searches of historically cached ALPR data (automated-license-plate-reader) constituted an illegal search.1 The judge ruled against plaintiffs in that case.

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Excerpt limited to ~120 words for fair-use compliance. The full article is at Andrew Wheeler.

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