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ALPR. What is it? Automated license plate readers (“ALPRs”) are computer-controlled, high-speed camera systems that automatically capture images of license plates that come into view. ALPR Components. ALPR systems are made up of 3 major components: The high speed cameras
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ALPR What is it? Automated license plate readers (“ALPRs”) are computer-controlled, high-speed camera systems that automatically capture images of license plates that come into view.
ALPR Components ALPR systems are made up of 3 major components: • The high speed cameras • Some models can photograph up to 1,800 license plates every minute • Every week, law enforcement agencies across the country use these cameras to collect data on millions of license plates. • The application that translates the photos to alphanumeric entries • The database of ALPR entries
ALPR Cameras Types of ALPR Cameras: • Stationary - fixed locations, like streetlights • Hybrid/Semi-stationary - like truck trailers • Mobile – usually police vehicles. Photos: Mike Katz-Lacabe CC BY
How do ALPRs work? After a camera captures an image of a car and its surroundings, the image of the license plate is converted into alphanumeric data
How do ALPRs work? • ALPRs relay the precise date, time and place where a license plate was captured to a central database that can be searched by police departments, which then use the data to make traffic stops in real time or store it for future use. • After a camera captures an image of the car and its surroundings, the license plate is converted into alphanumeric data that can then be compared to vehicle registration data to identify the registered owner, make and model of the car.
How do ALPRs work? • The data is uploaded to a central database that is frequently shared across many jurisdictions. • An investigator can search • the historical travel patterns of a single vehicle, • generate a list of vehicles that were seen near particular locations, • identify cars seen in proximity of each other, or • add a vehicle to a "hot list" to get near-real-time alerts.
Privacy Issues Historic location data may reveal intimate details about individuals, like: • Where you work • Where you live & with whom • What doctors you see • Who you associate with • What causes you care about
Bias Issues EFF PRAs to Oakland PD show ALPRs target low-income communities of color.
Bias Issues • EFF PRAs to Oakland PD show ALPR mainly deployed in low-income communities of color.
Bias Issues • EFF PRAs to Oakland PD show ALPR mainly deployed in low-income communities of color.
ALPR-related cases: • 5th Circuit: Olabisiomotosho v. City of Houston, 185 F.3d 521, 529, (5th Cir. 1999): No REP in LP number • 6th Circuit: US v Ellison (462 F.3d 557 (2006)): No REP in LP number • 10th Circuit: US v. Walraven (892 F.2d 972 (1989)): No REP in LP b/c in plain view
ALPR-related cases: • 9th Circuit: • US v. Diaz-Castaneda (494 F.3d 1146 (2007)): Court noted consensus among the circuits that single-instance ALPR database check ≠ search • Green v. City & County of SF (751 F.3d 1039 (2014)): ALPR hit alone, without visual confirmation, is not RS for traffic stop • US v. Yang (2018 WL 576827, but pending appeal in 9th): No REP in LP, but see EFF amicus analogizing ALPR search to CSLI search in Carpenter
ALPR How do I fight ALPR evidence? • File a discovery motion requesting • ALPR results • search parameters, • any audits or updates of the ALPR query system.
ALPR How do I fight ALPR evidence? • Where law enforcement fails to obtain a warrant for an ALPR search, file an MTS based on the arguments in ourYang amicus brief, which analogizes ALPR searches to the warrantless CSLI search in the landmark U.S. Supreme Courtcase: Carpenter v. United States. • If you are in the 9th Circuit, a single, unverified ALPR match (i.e. software match without visual confirmation) does not justify a traffic stop (See Green). • But in the Georgia Court of Appeals, an ALPR hit alone does justify a traffic stop (See Hernandez-Lopez v. State).
ALPR How do I fight ALPR evidence? • Where law enforcement does obtain a warrant for an ALPR search, refer to our strategies for How to Challenge a CSLI Search. • Challenge the foundation and authenticity of the proffered ALPR record(s). • Rely on more privacy protective state laws: https://eff.org/ALPRstatelaws
ALPR How do I learn more? • ALPR basics: https://eff.org/ALPRprimer • Blog on types of ALPR:https://eff.org/ALPRtypes • ALPR FAQs: https://eff.org/ALPRFAQ