Tampa Free Press

Chicago Court to Hear Arguments on Illinois Dragnet Surveillance Lawsuit

December 11, 2024

(Tampa Free Press)—A pivotal legal challenge to Illinois’ use of Automated License Plate Readers (ALPRs) will be at the center of a court hearing this Thursday. The United States District Court for the Northern District of Illinois, Eastern Division, will hear oral arguments in a lawsuit questioning the constitutionality of the state’s widespread surveillance system, which captures data on drivers across Illinois without warrants or probable cause.

The Liberty Justice Center, a nonprofit litigation firm known for defending constitutional rights, filed the lawsuit in May 2024. The organization contends that the state’s ALPR system amounts to an unreasonable search under the Fourth Amendment.

The system collects and stores data from vehicles traversing Illinois highways, potentially allowing law enforcement to track individuals’ movements over time.

At the heart of Thursday’s hearing are two motions:

  1. Liberty Justice Center’s Preliminary Injunction Request: The motion seeks a temporary court order mandating that the Illinois State Police obtain a warrant before accessing ALPR data.
  2. Illinois State Police’s Motion to Dismiss: The state police aim to have the case dismissed entirely.

Surveillance Program under Scrutiny

Implemented initially in 2019, Illinois’ ALPR system has rapidly expanded. Hundreds of cameras, installed on Chicago expressways and beyond, capture images of every passing vehicle, logging details such as license plate numbers, timestamps, and GPS coordinates. This data is stored and can be accessed by users of a national database without requiring a warrant or specific suspicion of criminal activity.

Critics argue that the program constitutes a blanket surveillance scheme that violates privacy rights.

Initially confined to Cook County, the ALPR program extended statewide in 2022. The system’s expansion has heightened concerns among privacy advocates, who warn of potential misuse of the data, including unwarranted tracking of individuals’ movements.

Proponents of the ALPR system argue that it is a critical tool for public safety, aiding in crime-solving and law enforcement operations. However, the lack of oversight and absence of warrant requirements have drawn sharp criticism.

The outcome of Thursday’s hearing could set a significant precedent for balancing public safety measures with individual privacy rights. A ruling in favor of the Liberty Justice Center’s injunction would impose immediate restrictions on how the state accesses and uses ALPR data, while a dismissal could pave the way for continued expansion of the program.

The case, Scholl v. Illinois State Police, underscores a growing national debate over the limits of government surveillance in the digital age.