The People v. Andrew R. Bushey
29 N.Y.3d 158
NY2017Background
- Early morning Aug 10, 2014: Buffalo State University officer observed defendant driving; no traffic violation or erratic driving seen.
- Officer manually entered the vehicle's license plate into his patrol computer linked to the DMV database and discovered the vehicle registration was suspended for unpaid parking tickets.
- After learning registration was suspended, the officer followed and stopped the vehicle; the database later showed the driver’s license was also suspended; defendant was arrested for DWI and related registration/license offenses.
- Defendant moved to suppress, arguing the license-plate query was an impermissible search and the stop lacked legal basis; suppression court granted motion and dismissed charges.
- Appellate court reversed; the Court of Appeals granted leave and affirmed the reversal, holding plate checks are not searches and can supply probable cause for a stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether running a license plate through the DMV database is a Fourth Amendment search | Plate check is permissible and not a search; officers may use publicly observable info | Running the plate is a search requiring probable cause or suspicion | Not a search; no reasonable expectation of privacy in plate or associated DMV registration info |
| Whether information from a plate check can justify stopping the vehicle | DMV information showing registration suspension provides probable cause to stop | Officer needed prior reasonable suspicion before running the plate | Yes; plate check can supply probable cause, so subsequent stop was lawful |
| Whether officer may run plate absent any suspicion | Police may check plates in performance of duties to enforce registration laws | Officer needed same legal basis as for a stop (probable cause) before running plate | Officer may run plate without prior suspicion; observing plate and querying database is permitted |
| Privacy protections under federal driver-privacy statute (DPPA) | DPPA does not bar law enforcement access to DMV data for official functions | DPPA creates expectation that DMV info is private from queries | DPPA permits release to law enforcement; it does not create a Fourth Amendment privacy expectation |
Key Cases Cited
- People v Ingle, 36 N.Y.2d 413 (N.Y. 1975) (arbitrary stops without legal basis violate the Fourth Amendment)
- Katz v United States, 389 U.S. 347 (U.S. 1967) (test for reasonable expectation of privacy)
- People v Weaver, 12 N.Y.3d 433 (N.Y. 2009) (articulating Katz two-part expectation-of-privacy test)
- United States v Miranda-Sotolongo, 827 F.3d 663 (7th Cir. 2016) (using license plate to retrieve registration info is not a Fourth Amendment search)
- United States v Diaz-Castaneda, 494 F.3d 1146 (9th Cir. 2007) (observing plate and accessing nonprivate database info is not a search)