The Kentucky Supreme Court upheld the use of license plate readers by law enforcement officers in a unanimous opinion released on Thursday.
The issue arose when Kentucky resident Gregory Traft was pulled over by Boone County Deputy Sheriff Adam Schepis after a license plate reader initiated a records check that showed the owner of the truck had an outstanding warrant for failure to appear in court on a misdemeanor charge.
After stopping the vehicle, the deputy reported that he saw indications Traft had been drinking. He failed field sobriety test, admitted drinking too many beers, and a breathalyzer found his blood alcohol level nearly twice the legal limit. Traft was arrested for DUI as well as the outstanding warrant.
Traft maintained the records check resulting from the license plate reader was a violation of the Fourth Amendment, which bans unreasonable searches and seizures, and tried to suppress the traffic stop.
A Boone County district judge refused to suppress the evidence. The decision was upheld on appeal to Boone Circuit Court, the Kentucky Court of Appeals, and now the Kentucky Supreme Court in a 6-0 ruling.
“Traft’s Fourth Amendment rights were not violated,” justices wrote. “Furthermore, the existence of an active warrant against the vehicle’s owner created the articulable and reasonable suspicion to stop the vehicle.”
License plate readers, small cameras attached to police cruisers, are an increasingly popular way for the police to find stolen cars and catch up with people with expired licenses or active warrants.
Police say the readers allow them to automate the important but cumbersome process of taking down license plates and checking them against law-enforcement databases.
By Kentucky Today
