4 of the US Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
The Georgia Supreme Court on Tuesday ruled that that the statute violates the Fourth Amendment, as it restricts how people can protect their property and how law enforcement officers can use their powers to conduct criminal investigations.
Georgia’s Supreme Court in July struck down a controversial version of the law that critics said would criminalize people’s private lives and impede efforts to prevent traffic collisions.
Georgia law prohibits police from asking people to provide their driver’s license number or any other identifying information in order to conduct a traffic stop.
The state has also said that officers are prohibited from using the information to identify people.
The Georgia law is similar to a bill introduced in Georgia that has been passed in the Georgia legislature, and which is on the Governor’s desk, as well as one passed by the Legislature earlier this year.
The law prohibits officers from using traffic camera footage or other evidence to obtain an individual’s driver’s or passenger’s license numbers or other identifying details.
Georgia Supreme Judge Mark Brown ruled that the law violates that provision, and also that it violated the Fourth and Fourteenth Amendments.
“It would have the effect of denying the Fourth, the Fourth amendment, and the rights of the accused to have the protections of the Fourth.”
Brown said in his decision.
The police department argued that the police officer could use the video to identify someone who is driving with a suspended license and who has outstanding warrants, Brown said.
“To do otherwise would infringe on an individual right to privacy and it would violate a person’s constitutional rights,” he said.
The officer could not use the footage to identify the driver of the vehicle that struck the police car, Brown added.
Brown also found that the officer could still conduct a search of the driver’s car for evidence of a crime, such as a weapon, drug or explosives.
The judge said that the evidence may have been planted in the vehicle.
“That evidence would not be found by the officer if he had the opportunity to take the video,” Brown said, according to the Atlanta Journal Constitution.
“Because the video was taken after the accident and the car was still on the road, it was in the driver and passenger’s personal possession at the time the accident occurred.”
Georgia’s law is a step in the right direction, but a similar law that was introduced in Missouri earlier this month did not pass in the legislature.
Jay Nixon has not taken a position on the law.
Brown said that it would be “disproportionate to criminalize the act of the officers” who stopped the car.
Brown cited Missouri’s case law in his ruling, saying that police can’t stop someone who has a license, even if they have an outstanding warrant.
“Even if the police officers did have probable cause to believe that the driver was in violation of a traffic law, that would still be unlawful,” Brown wrote.
Brown noted that a different Missouri law that is currently before the state Supreme Court requires police officers to use their discretion when making traffic stops, and that Missouri’s statute is not consistent with the Fourth or Fourteenth amendments.
“The Missouri statute is simply plain wrong and should be repealed,” Brown added in his opinion.
A hearing on the state bill is set for Jan. 13.
Brown, however, has said that he will not rule on the case until the state law has been reviewed by the court.
The Associated Press contributed to this report.