Massive Surveillance Network of Drivers Revealed
In a shocking revelation, an investigation by the Associated Press has found that the United States Customs and Border Patrol has been monitoring drivers through automatic license plate readers and studying drivers for “suspicious” habits, and sharing that information with local law enforcement who then use that information to effectuate traffic stops. In collaboration with other agencies, such as the DEA, private monitoring companies, and local law enforcement agencies, Customs and Border Patrol monitors millions of drivers and looks for suspicious driving patterns, such as quick trips to and around the border, and tracks individuals as they drive along what law enforcement deems high traffic areas for contraband, narcotics, money laundering, and other illicit activities. Local law enforcement will often use pretextual stops, such as a minor traffic violation, to engage individuals and seek permission to then search their car. The monitoring systems have been observed in Michigan, Arizona, Texas, and many other states across the country, with many of the automatic license plate readers conspicuously disguised as traffic safety equipment like traffic cones or electrical boxes. In one 2022 case, a man from Houston named Alek Schott was pulled over outside San Antonio allegedly at Custom and Border Patrol’s request, and it was revealed that federal agents had been tracking his location, even knowing where he had stayed overnight the night before. Schott was ultimately released after a search of his vehicle did not reveal any contraband, but he sued believing his rights had been violated in the search. When asked about the stop in a deposition, Bexar County Sheriff Deputy Joel Babb, the officer who pulled Schott over, stated that, “the beautiful thing about the Texas Traffic Code is there’s thousands of things you can stop a vehicle for.” Discovery in that case showed that the deputy was in a WhatsApp chat with federal agents where they discussed tips about what they deemed suspicious driving patterns in the region which revealed how the federal-local law enforcement often work in concert to effectuate these stops. The problem is likely to only grow through a rapid expansion of local automatic plate readers through a federal grant program, Operation Stonegarden, which over the last two decades has distributed hundreds of millions of dollars of funding for enhanced surveillance, including everything from automated license plate readers to camera-equipped drones, with an addition $450 million earmarked to be given out over the next four years. Many legal experts believe such a network may be unconstitutional under the Fourth Amendment’s prohibition on unreasonable searches and seizures, with some courts recognizing that, “large-scale surveillance technology that’s capturing everyone and everywhere at every time” could infringe on that right, according to some like law professor Andrew Fergunson. Given that long-term historical location data requires law enforcement to obtain a search warrant supported by probable cause, this will certainly be a heavily litigated issue in the near future.
Immigration Advocates Warn Against Warrantless Arrests in Chicago
During the federal government’s “Operation Midway Blitz” in Chicago, agents may have been relying on a statute known as the “100-mile zone” for their authority in conducting warrantless searches of vehicles, with immigration advocates arguing that such reliance may have been unlawful. Under the law, Customs and Border Patrol agents are permitted to conduct warrantless searches within a “reasonable distance” of international borders known as the “100-mile zone.” The government, through Asst. DHS Sec. Tricia McLaughlin, stated that the Customs and Border Patrol agents are, “empowered by longstanding federal law to operate within 100 miles of an international border,” which “also encompasses airports and international entry points into the country.” While officials did not confirm if they believe that is what gave them authority to do so in and around the Chicagoland area, given the international airports, there is evidence that they tacitly endorse such a position, opponents have warned. Patrick Eddington, a senior fellow at the libertarian Cato Institute called the potential justification “unprecedented” further stating that “I’ve been working on [Customs and Border Protection]-related issues now for almost 11 years, and I’ve never seen anything like” this. Anyone who was subjected to detention, arrest, warrantless searches, or otherwise finds themselves in legal trouble should contact an experienced criminal defense attorney who can ensure that your rights are protected throughout any criminal proceeding, asset forfeiture, or to evaluate whether your constitutional rights have been violated.
