Public defender sues over alleged law enforcement scrutiny of her driving records
Law enforcement in Broward County, Florida, violated a federal statute by accessing her driving records without good reason, an assistant public defender says in a lawsuit.
Caroline McCrae alleges in the federal suit that Fort Lauderdale police and a Broward County sheriff’s deputy violated the Driver’s Privacy Protection Act on at least three occasions in 2011 and 2012 by accessing her driver’s license records without any apparent legitimate law enforcement purpose, the South Florida Sun Sentinel reports.
She has no record of traffic citations and has never been criminally investigated, the suit says. The lawsuit, filed Friday, alleges that two of the three claimed viewings of her record were related to a law enforcement officer’s testimony in a case in which she was representing the defendant.
“By obtaining her motor vehicle records in violation of the DPPA, the city of Fort Lauderdale and Broward County have made plaintiff feel at risk and as if she is subject to law enforcement scrutiny as a result of her work as a public defender,” the lawsuit states.
McCrae has worked for the Broward public defender’s office since 2009. Broward Public Defender Howard Finkelstein told the newspaper he plans to suggest that other employees of his office check to see whether their records were accessed.
“I cannot think of a legitimate reason why running the driver’s license or background of the lawyers is relevant to their testimony in any way,” he said. “It strikes me as a gratuitous use of power.”
See also:
ABAJournal.com: “Ex-Cop Awarded More Than $1 Million After Officers Illegally Accessed Her Driver’s License Info”
ABAJournal.com: “En Banc 7th Circuit Says Parking Tickets May Violate Privacy Statute; Posner Predicts Scofflaw Suits”
