I'd go further and say the nature of these new technologies changes what observations should be permitted by law enforcement, with or without a warrant.
While automated license plate readers may be collecting the same information that police officers can from a public vantage point, the scale that they can be used at changes the nature of the information. Suddenly it can be used to track the movements of everyone in a city. While it's arguably the "same" information, it vastly changes the calculus of the public benefit vs privacy of the individual.
We ought to be having a deliberate debate about how to change our laws to reflect the fundamental differences these new technologies bring about. While it may be legal for law enforcement to fly these surveillance missions now, the public has every right to demand that the laws be changed. The police in Baltimore have proven they are incapable of wielding the privileged status they have without systematically oppressing minorities. It makes sense that we roll back some of the surveillance tools they use to prevent dissent.
We ought to be having a deliberate debate about how to change our laws to reflect
Yes, but the powers-that-be are content to let it all happen by default, because most potential outcomes lets them win. If we just shrug and ignore it, they win. If we wait too long to take action, they can argue that the surveillance is understood and that we've grown used to it, and thus under conventional 4th Amendment analysis, there's no more expectation of privacy.
Really, the only way they can lose is by putting the question forward for debate.
While automated license plate readers may be collecting the same information that police officers can from a public vantage point, the scale that they can be used at changes the nature of the information. Suddenly it can be used to track the movements of everyone in a city. While it's arguably the "same" information, it vastly changes the calculus of the public benefit vs privacy of the individual.
We ought to be having a deliberate debate about how to change our laws to reflect the fundamental differences these new technologies bring about. While it may be legal for law enforcement to fly these surveillance missions now, the public has every right to demand that the laws be changed. The police in Baltimore have proven they are incapable of wielding the privileged status they have without systematically oppressing minorities. It makes sense that we roll back some of the surveillance tools they use to prevent dissent.