Computer Search of Openly Displayed License Plate is not a Constitutional Search

State v. Setinich, Minn.Ct.App., 2/22/2012.  Mr. Setinich was driving down the highway minding not only his own business but that of the rules of the road as well.  Out of the blue a state trooper pulled him over.  It was August, must not have been much traffic.  The reason that the trooper stopped Mr. Setinich was because of what the squad computer told him.  The trooper ran the license plate on his squad computer, which said that the car belonged to Mr. Setinich.  The computer also said that the Department of Corrections had a warrant out for his arrest.  Finally, the computer told the trooper what Mr. Setinich looked like, including that scar on his face.  The trooper believed that the driver matched that description

Sure enough, in that uncanny sixth sense that cops have, Mr. Setinich had dope in his car.  So, not only does he get the DOC parole violation he gets charged with fifth degree possession of drugs.  Mr. Setinich argued that the trooper did not have a valid basis to have stopped him.  The trial court said, yes, he did, because of what he learned from his computer check of the license plate.

Well, wait a minute.  Was the computer check of the license plate a search under either the state or federal constitution?  No, says the court of appeals.  Mr. Setinich does not have an expectation of privacy in a license plate which is required to be openly displayed, and any expectation to the contrary is unreasonable.  Since there was no constitutional search, the trooper is not constrained by any of its requirements.  The search is thus legal and the results of that search gave the trooper a reasonable suspicion of criminal activity – the DOC warrant.