{"id":62959,"date":"2026-01-30T16:09:24","date_gmt":"2026-01-30T21:09:24","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62959"},"modified":"2026-01-30T16:09:24","modified_gmt":"2026-01-30T21:09:24","slug":"wa-no-rep-in-alpr-so-no-prejudice-from-destruction-of-data","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62959","title":{"rendered":"WA: No REP in ALPR so no prejudice from destruction of data"},"content":{"rendered":"\n<p>Defendant moved to suppress based on ALPR tracking. The data was gone. He moved to dismiss for destroying it, which was granted. Since it\u2019s not a violation of his reasonable expectation of privacy, he can\u2019t be prejudiced by it. Reversed. <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/407322_unp.pdf\">State v. Simonson<\/a>, 2026 Wash. App. LEXIS 173 (Jan. 29, 2026) (unpublished):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>The Flock ALPR system&#8217;s photograph of the vehicle Simonson was operating in plain view on a public road did not disturb his private affairs under article 1, section 7 of the Washington Constitution. This momentary observation is analogous to a law enforcement officer visually noting a license plate number and conducting a routine check of licensing records, which has long been held permissible without implicating constitutional privacy protection. See Martin, 106 Wn. App. at 861-62. Because Simonson did not have a privacy interest in the publicly displayed license plate, his CrR 3.6 motion would not have been successful. Consequently, Simonson was not prejudiced by the failure to preserve the Flock data.<\/p>\n<\/blockquote>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant moved to suppress based on ALPR tracking. The data was gone. He moved to dismiss for destroying it, which was granted. Since it\u2019s not a violation of his reasonable expectation of privacy, he can\u2019t be prejudiced by it. Reversed. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62959\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[141],"tags":[],"class_list":["post-62959","post","type-post","status-publish","format-standard","hentry","category-automatic-license-plate-readers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62959","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62959"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62959\/revisions"}],"predecessor-version":[{"id":62960,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62959\/revisions\/62960"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62959"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}