Wisconsin Supreme Court Asked to Require Warrants for Retroactive ALPR Searches
Civil rights groups petition the state's highest court to mandate warrants for police searches of automated license plate reader data in four cities.
Key points
- EFF and ACLU of Wisconsin filed a petition requiring warrants for retrospective ALPR searches in Milwaukee, Racine, Kenosha, and Green Bay.
- The suit represents the Wisconsin Council of Churches and a Green Bay pastor, citing privacy concerns for religious and private activities.
- Plaintiffs argue current warrantless mass surveillance violates the state constitution and individual rights to location privacy.
The Electronic Frontier Foundation and the ACLU of Wisconsin have petitioned the Wisconsin Supreme Court to declare that retrospective searches of automated license plate reader databases require a warrant. This legal challenge targets law enforcement practices in Milwaukee, Racine, Kenosha, and Green Bay, seeking to protect drivers from warrantless mass surveillance.
According to the Electronic Frontier Foundation, the petition asks the court to rule that the state constitution mandates warrants for these specific data queries. The groups represent the Wisconsin Council of Churches and an individual pastor in Green Bay. They argue that current practices allow police to track movements without individualized suspicion, violating privacy rights.
Constitutional and Legal Context
The plaintiffs contend that Automated License Plate Readers record the movements of vast numbers of drivers as they engage in private activities. These include seeking medical care, attending recovery meetings, participating in protests, and visiting religious services. Law enforcement entities collect, store, and share this data, allowing retrospective tracking that was previously impossible or prohibitively costly.
This lawsuit follows a previous challenge, SIREN v. San Jose. Earlier this month, a federal court in Oklahoma became the first to rule that ALPRs constitute indiscriminate mass surveillance. That court suppressed evidence obtained from a warrantless ALPR search. The Wisconsin groups hope their state’s supreme court will reach a similar conclusion regarding constitutional protections.
Who Is Affected
The immediate parties involved are the Wisconsin Council of Churches and a Green Bay pastor, who are represented in this petition. However, the ruling would impact all drivers in Milwaukee, Racine, Kenosha, and Green Bay whose license plate data is captured by these systems. The groups highlight that individuals have a strong right to privacy against police monitoring of when they pray, seek counseling, or attend support groups.
Our take on the response
The filing signals a growing legal resistance to warrantless location tracking by law enforcement agencies. By framing the issue around the state constitution, the plaintiffs aim to establish stricter privacy standards than those currently applied under federal precedent. The reference to the recent Oklahoma federal court decision suggests a broader judicial shift toward viewing ALPR data as sensitive information requiring judicial oversight before retrospective access is granted.
For customers and users
Drivers in the affected cities should understand that their vehicle movements are being recorded by automated systems. While this lawsuit challenges the legal basis for warrantless searches, data collection continues during the litigation. Users should be aware that law enforcement can currently aggregate and share this location data. Monitor official court updates for rulings that may change how this data is accessed. Be cautious of scams claiming to offer data removal services, as no such vendor-side fix exists for public infrastructure cameras.
What to do and how to stay safe: Automated License Plate Readers
- Review local news for updates on the Wisconsin Supreme Court petition regarding ALPR warrants.
- Understand that ALPR data collection is ongoing and not currently halted by this legal filing.
- Avoid clicking on links in emails or texts claiming to remove your license plate data from databases.
- Check with local civil liberties organizations for guidance on digital privacy rights in your area.
Step-by-step guide: Data Brokers Examples: How They Collect and Sell Your Personal Info
General security guidance from the DataSafe Radar newsroom. It is not confirmed advice from the organisations named in this story.
Frequently asked questions
Which cities are included in the Wisconsin ALPR warrant petition?
The petition covers law enforcement use of ALPR databases in Milwaukee, Racine, Kenosha, and Green Bay.
Who are the plaintiffs in this Wisconsin Supreme Court case?
The plaintiffs are the Wisconsin Council of Churches and an individual pastor in Green Bay, represented by EFF and the ACLU of Wisconsin.
Has any other court ruled on warrantless ALPR searches?
Yes, a federal court in Oklahoma recently ruled that ALPRs are indiscriminate mass surveillance and suppressed evidence from a warrantless search.
