Police can pull sensitive personal data from many modern vehicles without a warrant due to gaps in federal law, according to new research.
Cars are becoming more connected to drivers' mobile phones, drawing call logs, text messages, location history, contact lists, driving patterns and more into the vehicle's infotainment and navigation systems.
But while the Supreme Court has determined that police need a warrant to search that information when it's on a mobile phone, that protection doesn't extend to the information when stored on a car's systems, College of William & Mary law professor Adam Gershowitz has argued in a recent paper.
That's because of the "automobile exception" to the Fourth Amendment, which allows police to search cars without a warrant on the basis that drivers could get away in the time it takes law enforcement to get permission to search. The exception was established in a 1925 Supreme Court decision, Carroll v. United States.
It presents a potential issue for personal privacy and civil liberties, experts say, and will only get more complicated as passenger cars become more intertwined with drivers' smartphones and as exterior and interior cameras become more ubiquitous in vehicles.
In 2014, the Supreme Court determined that police need a warrant to search mobile phones because they contain extensive amounts of personal information. The ruling made no mention of cars, which at the time did not have today's elaborate technology.
Gershowitz says that if state and federal lawmakers want to extend those protections, they should pass legislation now. It could take decades before this issue comes before the Supreme Court, he said. In the meantime, "I think you're going to see a whole bunch of these searches and a lot of litigation about whether or not this is acceptable or whether it violates the Fourth Amendment."
Many police forces already use the data stored in a vehicle's "black box" — which records basic information on speed, braking, seatbelts and air bags — to investigate accidents without a warrant. Such devices have been in common use for two decades.