671 F.Supp.3d 1329
N.D. Ala.2023Background
- Defendant J.T. Toombs, III is charged with conspiracy to possess fentanyl with intent to distribute and possession with intent to distribute; he moved to suppress evidence recovered from his vehicle.
- Officer Josh Powers queried the DEA’s DEASIL license-plate reader database and observed a plate reading for Toombs’ vehicle earlier the same day; Powers then stopped the vehicle and extended the stop.
- Magistrate judge held an evidentiary hearing and recommended denying the suppression motion for two reasons: (1) the DEASIL query did not violate the Fourth Amendment, and (2) Powers had reasonable suspicion to prolong the stop.
- Toombs objected, invoking Carpenter and arguing a reasonable expectation of privacy in ALPR/DEASIL data and that the stop was unlawfully prolonged.
- The district court reviewed de novo, deferred to the magistrate’s credibility findings, rejected Toombs’ Carpenter-based and prolonged-stop arguments, adopted the report, and denied the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether querying DEASIL (license-plate reader) violated the Fourth Amendment under Carpenter | Toombs: DEASIL tracks movements like cell-site records; Carpenter requires a warrant for such location data | Govt/Officer: ALPR data is more like visual observation/beeper or VIN checks (Knotts/Class); no reasonable expectation of privacy in a visible plate | Court: DEASIL query did not implicate Carpenter; no reasonable expectation of privacy; warrant not required |
| Whether Officer had reasonable suspicion to prolong the traffic stop | Toombs: Extension lacked individualized reasonable suspicion; DEASIL use was improper and pivotal to extension | Govt/Officer: Reasonable suspicion existed from driving behavior, Toombs riding in backseat, conflicting explanations about Atlanta trip, and DEASIL corroboration; magistrate found Powers credible | Court: Magistrate’s credibility findings stand; totality of circumstances gave reasonable suspicion before extension |
Key Cases Cited
- Carpenter v. United States, 138 S. Ct. 2206 (2018) (cell-site location records implicate privacy and generally require a warrant)
- United States v. Knotts, 460 U.S. 276 (1983) (beeper-aided tracking on public roads is not a Fourth Amendment search)
- New York v. Class, 475 U.S. 106 (1986) (inspection of VIN information does not constitute a search)
- United States v. Wilcox, [citation="415 F. App'x 990"] (11th Cir. 2011) (ALPR capture of a plainly visible plate did not violate the Fourth Amendment)
- United States v. Yang, 958 F.3d 851 (9th Cir. 2020) (analysis of ALPR databases and discussion of breadth of location data post-Carpenter)