March 19, 2022

Time To Close the Car Snitch Loophole

"car computers seem to fall under the "vehicle exception" to the Fourth Amendment's warrant -requirement.

Under that exception, which the Court invented in 1925 to facilitate enforcement of alcohol prohibition, police may search a car without a warrant if they have probable cause to believe they will find contraband or other evidence of illegal activity. A bill with bipartisan support in the House and Senate would prevent police from using that exception to grab information on a car's computer.

The Closing Warrantless Digital Car Search Loophole Act would require a warrant for such a search unless operating the vehicle requires a commercial driver's license. Any vehicle data obtained without a warrant could not be used as a basis for probable cause or as evidence considered by courts, grand juries, or regulatory agencies."

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