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U.S. Border Patrol is monitoring millions of American drivers nationwide in a secretive program to identify and detain people whose travel patterns it deems suspicious, The Associated Press has found.
The predictive intelligence program has resulted in people being stopped, searched and in some cases arrested. A network of cameras scans and records vehicle license plate information, and an algorithm flags vehicles deemed suspicious based on where they came from, where they were going and which route they took. Federal agents in turn may then flag local law enforcement.
Suddenly, drivers find themselves pulled over — often for reasons cited such as speeding, failure to signal, the wrong window tint or even a dangling air freshener blocking the view. They are then aggressively questioned and searched, with no inkling that the roads they drove put them on law enforcement’s radar.
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While collecting license plates from cars on public roads has generally been upheld by courts, some legal scholars see the growth of large digital surveillance networks such as Border Patrol’s as raising constitutional questions. Courts have started to recognize that “large-scale surveillance technology that’s capturing everyone and everywhere at every time” might be unconstitutional under the Fourth Amendment, which protects people from unreasonable searches, said Andrew Ferguson, a law professor at George Washington University.
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“They are collecting mass amounts of information about who people are, where they go, what they do, and who they know … engaging in dragnet surveillance of Americans on the streets, on the highways, in their cities, in their communities,” Nicole Ozer, the executive director of the Center for Constitutional Democracy at UC Law San Francisco, said in response to the AP’s findings. “These surveillance systems do not make communities safer.”
