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chapsyesterday at 10:29 PM1 replyview on HN

No need for snark; I'm genuinely interested in your position. From my re-read and re-read, you've provided a conclusory statement without actually explaining the details.

Is your definition of "stupid" anything that contradicts 50 years of case law? That seems.... tautologically limp.


Replies

alex43578today at 4:10 AM

I’m saying it’s stupid to equate viewing = searching for multiple reasons. 1) A lay understanding of a search would require way more than just seeing and recording the license plate of a car on a public roadway. 2) Courts have extensively and repeatedly upheld the idea that cops can examine your car, your house, your trash can, your curtilage, and more without it constituting a search. To backpedal and now claim being observed driving on a public roadway is a search creates a huge contradiction in the law that will need to be resolved by either kneecapping basic police investigation or rightfully reversing the idea that you can’t be observed on a roadway displaying a government issued license plate without a warrant.

Do you mind providing your position? Do you think being observed on a public roadway constitutes a search or seizure in the context of the 4th amendment?