According to a recent opinion by the Kansas Court of Appeals, a police officer has the authority to write down VIN numbers and license plate numbers, and run them through their system because they have a hunch about the vehicle. In State v. McCammon, Mr. McCammon was charged with four counts of theft. The State alleged Mr. McCammon had four stolen cars at a airplane hanger that was leased to him as a storage unit. The officer, who was at the hanger to assist in the execution of an administrative warrant for the airplane hanger, noticed four vehicles that “just didn’t look right.” slip. op. at 3. She took down the license plate of the four cars and three of the VIN numbers that she could see from her position. The officer testified the VIN and license plates that she recorded were visible from where she was standing. She later checked and found that two of the three vehicles had been reported stolen. Before trial, Mr. McCammon filed a motion to suppress this evidence because the officer did not have the right conduct a criminal search, inspect vehicles, or record VINs. The motion was denied and Mr. McCammon was convicted.
On appeal, Mr. McCammon argues this evidence should have been suppressed and that there was not enough evidence to support his convictions. The court begins its analysis by determining whether a search and seizure in violation of the Fourth Amendment took place. The court’s holding is clear–the “mere observation of anything that comes into view during an otherwise lawful search and not an independent search implication the Fourth Amendment. . . .” slip. op at 6. Therefore, the officer did not conduct a search when she observed the VIN and license numbers of the cars. Next, the court determines whether the recording of the VIN numbers was a seizure. The court holds there was no seizure; “the recordation of the VINs did not meaningfully interfere with any possessory interest in the vehicles and therefore did not amount to a seizure implication the Fourth Amendment.” slip. op. at 7.
As a result, the court finds the motion to suppress was properly denied, and there was sufficient evidence to convict Mr. McCammon. Because a person’s license number and VIN number are in plain view, officers may observe, record, and use that information to prosecute an individual. There is no reasonable expectation that your VIN and license plate number are private. To speak to an attorney and understand when you do have a reasonable expectation of privacy, contact Bell Folsom, P.A.