Local Resident/Motorist Suing City

Resident Suing Coral Gables City for Violation of 4th Amendment

Miami and North Miami Beach Personal Injury Law Firm Serving Accident Claims in Miami

South Florida: The fact that local motorists are having their data captured and recorded by law enforcement agencies through license plate readers has resulted in a Coral Gables resident/motorist suing the City. Though the aim of the license plate reading system, which is used in most major cities around the world, is to monitor and detect suspicious or illegal activity, it can be considered a violation of a person’s right to privacy under the US constitution. The plaintiff’s claim is that the system places every motorist into the same basket, along with criminals, suspects, and innocent and visitors to Coral Gables.

Just like the other 26 South Florida cities that implement license plate readers to track motor-vehicle movements along major avenues or roadways, Coral Gables is no different when it comes to gathering data to locate and respond to criminal activity. However, the system is also tracking and recording the daily movements of the local resident motorists, many of whom may consider their whereabouts private. Simple daily activities like going to work, shopping, taking kids to school, or evening going to church, are in fact private activities that no organization should be monitoring. Based on this concept, the plaintiff filed a violation of the Fourth Amendment claim on October 5th. The Fourth Amendment states that citizens are protected against unlawful search and seizure. Though the City’s legal staff is basing its defense on the grounds that license plates are in public view, thus voiding motorists of privacy, modern information gathering technology is a discomforting fact for those that disagree. Coral Gables has over 30 license plate readers operating in and around the city on a daily basis. That makes for a lot of information gathered from the large number of vehicles that drive along its avenues and roadways. Though there is no question that the system serves to deter crime and serve the public at large, the plaintiff believes it infringes on an individuals privacy; especially as the system uses photo images, one of which revealed the plaintiff’s dog in the window. 

Perazzo Law Shares the Pros and Cons of License Plate Detection and Data Gathering Technology

Pros:

• The information gathered can serve to systematically deter crime and detect criminal activity
• The information is stored and law enforcement agencies can share information with all 26 South Florida cities that implement the same system to monitor traffic and motorists.
• The information gathered from license plate data systems can only be accessed by authorized law enforcement officials by using official case numbers for searches of historical archives.
• The City’s Intelligence Center that stores the data gathered is monitored around the clock by surveillance cameras to prevent foul play or misuse.

Cons:

• The data gathering system monitors the everyday movements of motorists and can be used to register an individual’s daily routines.
• The system invades individuals privacy and can be used erroneously if the data falls into the wrong hands.
• The system is privately owned and hosts the largest network of license plate data gathering in the world.
• The data places innocent motorists into the same basket as criminals and wrongdoers.

The Perazzo Law Firm’s staff of Personal Injury Attorneys know that presenting a legal case against the City is a tough battle to win, even if there is a strong case on behalf of the plaintiff. Nevertheless, individuals should consult Perazzo Law in the event of personal injury, property damage, loss, or wrongful death as a result of an incident that may hold the city liable for negligence or wrongdoing. The Perazzo Law handles a number of Practice Areas to help accident victims in Miami.

If you, a family member, or loved one has fallen victim to personal injury, property damage, loss, or wrongful death as a result of the City’s negligence, the Perazzo Law Firm urges you to contact our North Miami Beach office ONLINE for a FREE initial consultation to discuss your accident claim for compensation in Miami.