This week the ACLU announced it was launching a “nationwide effort” to find out more about how law enforcement is using automatic license plate readers (ALPR) and what can be done to ensure the rights of the people are protected in their usage. They admit that not a lot is known about how various agencies are using the technology—which snaps a photo of your license plate as you pass by.
Their main concern, and everyone’s should be, is how agencies are using the photos captured and how they might be infringing on the privacy rights of citizens who have not done anything wrong.
The ACLU reports that APLR technology is “flying off the shelf,” being purchased from large and small agencies at the federal, state, and local levels. The cost of one unit has fallen from about $22,000 to $12,000 and is expected to continue dropping.
Despite the fact that these units can be found on federal and state highways as well as in town on patrol cars or street corners, only two states have laws regulating ALPR use. Maine’s law requires police to delete accumulated data after 21 days. In New Hampshire, the technology is only allowed to monitor bridges and other “critical infrastructure.”
According to the ACLU, this isn’t only about local cops catching stolen cars, but it’s about accumulating massive amounts of information:
The Drug Enforcement Administration is planning to install a network of plate readers on major highway systems nationwide. The Department of Homeland Security clocks every car that enters the country. Local and state police departments operate many thousands of ALPR systems nationwide—how many and to what extent, we aren’t sure. Together these programs form a network of data points that can tell the government a lot about our lives.
They estimate that in a decade, it wouldn’t be a shock to see APLRs “just about everywhere,” chronicling the movements of everyone in a vehicle as they travel throughout their town and across the country, contributing to databases of similar information where anyone at any time can be pinpointed with frightening accuracy.
The ACLU is filing public records requests in 38 states to learn more about state and local APLR systems and how the data is used. In true ACLU fashion, you can bet there will be legal action once they gather all of the information they need.
Your Constitutionally-guaranteed protection against unreasonable searches and seizures says the cops can’t search your car without a warrant or extreme circumstances. They can, however, take photographs of you or your vehicle while you are out in public. Scary? Yes, a little.
When you are accused of a crime, it’s the job of your defense lawyer to look at the police reports and investigations to ensure your right have not been violated. If they have, it could be grounds for getting a case dismissed. If you are charged with a crime, contact us today to discuss the details and how we may be able to help you.
About David Matson