People v. Bushey

• Decision Date: 04 May 2017
• Citation: 53 N.Y.S.3d 604,29 N.Y.3d 158,75 N.E.3d 1165
• Parties: The PEOPLE of the State of New York, Respondent, v. Andrew R. BUSHEY, Appellant.
• Court: New York Court of Appeals Court of Appeals

29 N.Y.3d 158

75 N.E.3d 1165

53 N.Y.S.3d 604

The PEOPLE of the State of New York, Respondent,

v.Andrew R. BUSHEY, Appellant.

Court of Appeals of New York.

May 4, 2017.

Lipsitz Green Scime Cambria LLP, Buffalo (Barry Nelson Covert and Erin E. McCampbell of counsel), for appellant.

Michael J. Flaherty, Jr., District Attorney, Buffalo (Raymond C. Herman and Michael J. Hillery of counsel), for respondent.

OPINION OF THE COURT

Chief Judge DiFIORE.

To ensure the safety of our roads, a police officer may run a license plate number through a government database to check for any outstanding violations or suspensions on the registration of the vehicle. We hold that such a check, even without any suspicion of wrongdoing, is permissible, and does not constitute a search. We further hold that information obtained indicating the registration of the vehicle is in violation of the law as a result of this check may provide probable cause for the officer to stop the driver of the vehicle.

I.

In the early morning hours of August 10, 2014, a Buffalo State University police officer observed a vehicle operated by defendant drive past him. The officer testified at the suppression hearing that he did not observe any violations of the Vehicle and Traffic Law, nor was defendant's driving erratic or unusual in any way. Nevertheless, the officer manually entered the car's license plate number into his patrol car's computer system. This computer system was linked to a Department of Motor Vehicles (DMV) database which provided information about the registration of the vehicle and any potential suspensions or alerts associated with the vehicle. After running the plate, the officer discovered that the vehicle's registration was suspended due to unpaid parking tickets and, acting upon that information, he followed and stopped the vehicle defendant was driving. During the traffic stop, again using the database, the officer learned that defendant's license was also suspended. Based on his observations of defendant during the traffic stop, the officer arrested defendant for driving while intoxicated, along with violations for operating without a valid registration or license.

At the hearing granted upon defendant's motion to suppress evidence, defendant challenged the lawfulness of the stop of the vehicle and his person, on the ground that the officer conducted an impermissible search when he ran the license plate of the vehicle through the DMV computer. Defendant argued that the officer had no legal basis to run the license plate number because the alleged standard for manually running a license plate is the same probable cause standard for stopping a person driving a vehicle. The People responded that defendant's legal argument was not supported by case law, and in any event, that running the license plate did not constitute a police encounter or intrusion. Citing to People v. Ingle , 36 N.Y.2d 413, 369 N.Y.S.2d 67, 330 N.E.2d 39 (1975), the suppression court ruled that the officer had no cause to run the license plate and no reasonable suspicion to justify his stop of the car, and thus suppressed the evidence and dismissed the charges. The intermediate appellate court reversed, determining that both the license plate check and the stop were lawful. A Judge of this Court granted defendant leave to appeal (26 N.Y.3d 1108, 26 N.Y.S.3d 766, 47 N.E.3d 96 [2016] ), and we now affirm.

II.

We start with the premise that "[s]ince Katz, the existence of a privacy interest within the Fourth Amendment's protective ambit has been understood to depend upon whether the individual asserting the interest has demonstrated a subjective expectation of privacy and whether that expectation would be accepted as reasonable by society" (People v. Weaver, 12 N.Y.3d 433, 439, 882 N.Y.S.2d 357, 909 N.E.2d 1195 [2009], citing Katz v. United States, 389 U.S. 347, 361, 88 S.Ct. 507, 19 L.Ed.2d 576 [1967, Harlan, J., concurring] ). The question we must answer here is whether a driver has a reasonable expectation of privacy in information provided to the DMV concerning his or her registration of a vehicle operated on a public roadway, which is accessible to police officers through the DMV database.

As defendant concedes, a driver does not have any reasonable expectation of privacy in the license plate number itself, nor would any expectation in such publicly exposed information be recognized as reasonable by society. We now conclude that a driver has no expectation of privacy in the DMV database information associated with a license plate number. Our Vehicle and Traffic Law provides a comprehensive set of requirements for lawfully operating a vehicle in the State of New York. It mandates that

"[n]o person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a distinctive number assigned to it by the commissioner and a set of number plates issued by the commissioner with a number and other identification matter if any, corresponding to that of the certificate of registration conspicuously displayed" (Vehicle and Traffic Law § 402[1][a] ).

We have long recognized that "[o]ne of the important objects of registration of motor vehicles is to facilitate the identification of the owner" (Shuba v. Greendonner, 271 N.Y. 189, 192, 2 N.E.2d 536 [1936] ; see also Matter of Froslid v. Hults, 20 A.D.2d 498, 503, 248 N.Y.S.2d 676, 248 N.Y.S.2d 676 [2d Dept.1964] ["the purpose of the license plate of an automobile is for ready identification of the owner by the police and by the public"] ). This purpose is accomplished when a police officer is able to observe the physical plate number and access DMV information associated with it.

Though this Court has not addressed the particular question of whether a license plate check constitutes a search, every federal circuit that has considered the issue has held that it does not (see United States v. Miranda–Sotolongo, 827 F.3d 663, 668 [7th Cir.2016] ["observing and recording the registration number was not a search within the meaning of the Fourth Amendment. Nor was it a search to use the registration tag number (in which defendant had no reasonable expectation of privacy) to retrieve the registration information present in the law enforcement database"]; United States v. Sanchez, 612 F.3d 1, 3 n. 1 [1st Cir.2010] ; United States v. Diaz–Castaneda, 494 F.3d 1146, 1152 [9th Cir.2007] ["when police officers see a license plate in plain view, and then use that plate to access additional non-private information about the car and its owner, they do not conduct a Fourth Amendment search"]; United States v. Ellison, 462 F.3d 557, 563 [6th Cir.2006] ["Thus, so long as the officer had a right to be in a position to observe the defendant's license plate, any such observation and corresponding use of the information on the plate does not violate the Fourth Amendment"]; Olabisiomotosho v. City of Houston, 185 F.3d 521, 529 [5th Cir.1999] ; United States v. Walraven, 892 F.2d 972, 974 [10th Cir.1989] ). Lower courts of this state reached the same conclusion (see People v. Davila, 27 Misc.3d 921, 925, 901 N.Y.S.2d 787 [Sup.Ct.,Bronx County 2010], aff'd. 137 A.D.3d 655, 28 N.Y.S.3d 366 [1st Dept.2016] ; People v. Diggs, 38 A.D.3d 565, 565, 833 N.Y.S.2d 518 [2d Dept.2007], lv. denied 9 N.Y.3d 922, 844 N.Y.S.2d 177, 875 N.E.2d 896 [2007] ; People v. Brown, 306 A.D.2d 291, 291, 760 N.Y.S.2d 348 [2d Dept.2003], lv. denied 100 N.Y.2d 618, 767 N.Y.S.2d 401, 799 N.E.2d 624 [2003] ), as have courts in other states (see People v. Goodum, 356 Ill.App.3d 1081, 1085–1086, 293 Ill.Dec. 525, 828 N.E.2d 835, 840 [2005] ; Commonwealth v. Muckle, 61 Mass.App.Ct. 678, 681, 814 N.E.2d 7, 11 [2004] ; State v. Richter, 145 N.H. 640, 640–641, 765 A.2d 687, 688 [2000] ).

Because the purpose of a license plate is to readily facilitate the identification of the registered owner of the vehicle for the administration of public safety, a person has no reasonable expectation of privacy in the information acquired by the State for this purpose and contained in a law enforcement or DMV database. Indeed, the information is typically provided voluntarily by a driver to a government agency in exchange for the privilege of a valid...