Putting Yourself in the Shoes of an Officer

¶ … police case wherein a man is robbed of his car, at gunpoint. The victim is unable to identify the crooks. Ultimately his car is successfully located. The paper will examine legal issues linked to the scenario.

'Carjacking' is what has happened in this case. This crime is one among the most dominant crimes occurring across the globe (Carjacking - Don't Be A Victim). A majority of carjacking crimes take place with the sole intent of obtaining the car; this crime is not associated with any political agenda, nor does it target Americans, in particular.

Technology to Use

No fewer than 70% of local police departments in the United States currently make use of systems for reading license plates, as per a recent report by the RAND Corporation. This technology was initiated during the 90s in the United Kingdom (UK) for the purpose of fighting terrorism by the Irish Republican Army. Ever since, the technology has gained popularity in the American law enforcement sector, primarily to facilitate tracking of stolen automobiles. United States (U.S.) police are now realizing that this technology, in combination with the ever-increasing license plate databanks, is also capable of swiftly identifying any suspect vehicles found in a crime's vicinity, and can help in uncovering criminal activity hubs, such as "chop shops" that deal in stolen automobiles (Hsu, 2014). A RAND researcher, Keith Gierlack, who is also the chief researcher in this study, states in a news release that license plate reading devices are a rather recent technology that can prove useful in investigating and solving nearly any crime type. However, Gierlack also holds the view that there are some key privacy- related issues which have to be dealt with for this tool to reach up to its maximum potential. The reader systems employ visible-light as well as infrared cameras to scan nearby localities for passing vehicles' license plates. Character recognition programs are installed into these systems for reading and identifying number plates. Subsequently, the systems can compare the information they have obtained on license plates with a license plate "hotlist." The hotlist consists of license plate numbers that have been linked to criminals and criminal activities. Once 'spotted' this information can be used to ascertain whether an alert ought to be sent to a police officer, together with a photograph of the vehicle that is suspected to have been stolen (Hsu, 2014).

Can Car be Seized With or Without Warrant?

The decision of the American Supreme Court in the Horton v. California case summed up the plain view doctrine, by pinpointing two key ingredients: Firstly, not only should the item appear in the law enforcement official's plain view, but its incriminating nature also ought to be instantaneously evident (Rutledge, 2006). Secondly, not only should the law enforcer be located, lawfully, in a position from which he/she can clearly view the item, but the officer should also possess a legal right to access the item itself.