Alot of these tech vendors have been a way to launder data gathering to avoid neeidng to get warrants
I'm not saying ALPRs don't pose new privacy problems and, in the long term, depending on how they're used, even constitutional problems. But clearly the Anti-Pinkerton Act doesn't get you anywhere here.
They do if it's done to the point where you can track individuals around the city.
https://www.ca4.uscourts.gov/opinions/201495A.P.pdf
> The AIR program uses aerial photography to track movements related to serious crimes. Multiple planes fly distinct orbits above Baltimore, equipped with PSS’s camera technology known as the “Hawkeye Wide Area Imaging System.” The cameras capture roughly 32 square miles per image per second. The planes fly at least 40 hours a week, obtaining an estimated twelve hours of coverage of around 90% of the city each day, 5 weather permitting. The PSA limits collection to daylight hours and limits the photographic resolution to one pixel per person or vehicle, though neither restriction is required by the technology. In other words, any single AIR image—captured once per second—includes around 32 square miles of Baltimore and can be magnified to a point where people and cars are individually visible, but only as blurred dots or blobs.
> On the merits, because the AIR program enables police to deduce from the whole of individuals’ movements, we hold that accessing its data is a search, and its warrantless operation violates the Fourth Amendment
Anyways, I'm not that interested in the broader long-term constitutional debate. I'm just interested in shutting down the glib Anti-Pinkerton cite.
Though at some point, even SCOTUS just does whatever feels right, regardless of what the law says. In Carpenter, SCOTUS ruled 5-4 that your cellular company voluntarily handing over historical cell data also counts as a government search. An appellate court has held that if photography is extensive enough, it becomes a search. SCOTUS has held before that uncommon photographic equipment can constitute a search. That logic honestly doesn't really make sense, but it is what it is now. I wouldn't be surprised that the courts rule against it, but that's not what the law really says.
