{"id":8342,"date":"2013-02-09T10:00:05","date_gmt":"2013-02-09T10:00:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-09T10:00:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8342","title":{"rendered":"GA: License plate reader alert is probable cause for stop"},"content":{"rendered":"

License-plate reader (LPR) system alert of a wanted person in a police car is probable cause for a stop. Defendant wasn\u2019t the wanted person, but he was without a DL, and his arrest for that was valid. Hernandez-Lopez v. State<\/a>, 2013 Ga. App. LEXIS 41 (February 5, 2013):<\/p>\n

The information retrieved via the LPR system is not unlike that an officer retrieves by way of running vehicle-tag numbers through GCIC, which we have previously held provides justification for an initial stop. Moreover, in an unpublished opinion, the Eleventh Circuit recently addressed use of the LPR system in the context of a case invoking the right to be free from an unreasonable search, noting that the Supreme Court of the United States has \u201cconcluded in similar contexts that visual surveillance of vehicles in plain view does not constitute an unreasonable search for Fourth Amendment purposes,\u201d and that \u201c[t]his is true even if the surveillance is aided by the use of technology to augment the officers’ sensory faculties.\u201d Similarly, the LPR system at issue in the case sub judice merely aided the officer by augmenting his sensory faculties, providing an enhanced ability to process tag information through a law-enforcement database rather than requiring the officer to manually conduct random checks. And the information retrieved by the system’s recognition of the license-plate numbers\u2014i.e., identifying information of a wanted person, the offense allegedly committed by the wanted person, and a photograph of the relevant license plate and vehicle\u2014gave the officer reasonable, articulable suspicion to justify a traffic stop of the vehicle driven by Hernandez-Lopez. Thereafter, the officer had probable cause to arrest Hernandez-Lopez for driving without a license.<\/p><\/blockquote>\n

See United States v. Wilcox<\/a>, 415 Fed. Appx. 990 (11th Cir. 2011).<\/p>\n","protected":false},"excerpt":{"rendered":"

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