On December 12, the United States District Court for the Northern District of Illinois, Eastern Division, will hear oral arguments in a lawsuit challenging Illinois’ dragnet surveillance of anyone who drives a car or truck in the state—without a warrant or even the barest suspicion of criminal activity.
In Thursday’s hearing, the Court will consider arguments on the Liberty Justice Center’s motion for a preliminary injunction, which asks the Court to issue a temporary order requiring the Illinois State Police to obtain a warrant before accessing data collected by Illinois’ Automated License Plate Readers (ALPRs), the highway camera system being challenged in the lawsuit. The Court will also consider arguments on the Illinois State Police’s motion to dismiss the case.
WHO: Reilly Stephens, Counsel at the Liberty Justice Center
WHEN: 1 p.m. CST, Thursday, December 12, 2024
WHERE: Courtroom 2325
Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chicago, IL
HOW: This hearing will be open to the press and public.
ISSUE BACKGROUND: In 2019, Illinois enacted legislation funding the installation of hundreds of highway cameras known as Automated License Plate Readers (ALPRs) across Chicago’s expressways. These cameras capture images of every vehicle that drives by, instantly and automatically comparing the license plate number and other identifying features of the vehicle to a national database. The images and their associated data—including the date, time, and GPS coordinates—are then stored for future use, even if neither driver nor vehicle are suspected to have any connection to criminal activity.
Any authorized user of the national database can access the comprehensive records of anyone whose license plate has been captured by the ALPR system. Notably, there is no requirement that a user obtain a warrant—or even have any suspicion of criminal activity—before accessing these records.
The program was expanded beyond Cook County in 2022, and ALPRs are currently being installed across the state.
The Liberty Justice Center filed a lawsuit to challenge this system of highway cameras on May 30, arguing that Illinois’ warrantless surveillance of all drivers in the state constitutes an unreasonable search in violation of the Fourth Amendment.
The Liberty Justice Center’s legal filings in Scholl v. Illinois State Police are available here.