Policy Text
Policy
1305Berkeley Police Department
Law Enforcement Services Manual
Copyright Lexipol, LLC 2024/12/31, All Rights Reserved.
Published with permission by Berkeley Police DepartmentSurveillance Use Policy-Fixed Automated
License Plate Readers (ALPRs) - 1Surveillance Use Policy-Fixed Automated
License Plate Readers (ALPRs)
1305.1 PURPOSE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data
obtained through the use of Automated License Plate Reader (ALPR) technology. Department
Personnel shall adhere to the requirements of the Surveillance Use-Fixed ALPRs in this policy as
well as the corresponding Use Policy -422.
The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store
digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because
such data may contain confidential information, it is not open to public review.
The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City
or its contractors/subcontractors for federal immigration enforcement, pursuant to the California
Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal
immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and
Border Patrol (CBP).
1305.2 DEFINITIONS
(a)Automated License Plate Reader (ALPR): A device that uses cameras and computer
technology to compare digital images to lists of known information of interest.
(b)ALPR Operator: Trained Department members who may utilize ALPR system/
equipment. ALPR operators may be assigned to any position within the Department,
and the ALPR Administrator may order the deployment of the ALPR systems for use
in various efforts.
(c)ALPR Administrator: The Investigations Bureau Captain or the Chief's designee,
serves as the ALPR Administrator for the Department.
(d)Hot List: A list of license plates associated with vehicles of interest compiled from one
or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's, etc.
(e)Vehicles of Interest: Including, but not limited to vehicles which are reported as
stolen, display stolen license plates or tags; vehicles linked to missing and/or wanted
persons and vehicles flagged by the Department of Motor Vehicle Administration or
law enforcement agencies.
(f)Detection: Data obtained by an ALPR of an image (such as a license plate) within
public view that was read by the device, including potential images (such as the plate
and description of vehicle on which it was displayed), and information regarding the
location of the ALPR system at the time of the ALPR's read.
(g)Hit Alert from the ALPR system that a scanned license plate number may be in the
National Crime Information Center (NCIC) or other law enforcement database for a
Berkeley Police Department
Law Enforcement Services Manual
Surveillance Use Policy-Fixed Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2024/12/31, All Rights Reserved.
Published with permission by Berkeley Police DepartmentSurveillance Use Policy-Fixed Automated
License Plate Readers (ALPRs) - 2specific reason including, but not limited to, being related to a stolen car, wanted
person, missing person, domestic violation protective order or terrorist-related activity.
1305.3 AUTHORIZED AND PROHIBITED USES
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use,
or allow others to use the equipment or database records for any unauthorized purpose (Civil
Code § 1798.90.51; Civil Code § 1798.90.53).
(a)An ALPR shall only be used for official law enforcement business.
(b)An ALPR may be used in conjunction with any routine patrol operation or to support
criminal investigations. Reasonable suspicion or probable cause is not required before
using an ALPR database.
(c)Partial license plates and unique vehicle descriptions reported during crimes may be
entered into the ALPR system in an attempt to identify suspect vehicles.
(d)No member of this department shall operate ALPR equipment or access ALPR data
without first completing department-approved training.
(e)If feasible, the officer should verify an ALPR response through the California Law
Enforcement Telecommunications System (CLETS) before taking enforcement action
that is based solely on an ALPR alert. Once an alert is received, the operator should
confirm that the observed license plate from the system matches the license plate of
the observed vehicle. Before any law enforcement action is taken because of an ALPR
alert, the alert will be verified through a CLETS inquiry via MDT or through Dispatch.
(f)Members will not take any police action that restricts the freedom of any individual
based solely on an ALPR alert unless it has been validated. Because the ALPR alert
may relate to a vehicle and may not relate to the person operating the vehicle, officers
are reminded that they need to have reasonable suspicion and/or probable cause to
make an enforcement stop of any vehicle. (For example, if a vehicle is entered into the
system because of its association with a wanted individual, Officers should attempt to
visually match the driver to the description of the wanted subject prior to making the
stop or should have another legal basis for making the stop.)
(g)Hot Lists. Designation of hot lists to be utilized by the ALPR system shall be made by
the ALPR Administrator or his/her designee. Hot lists shall be obtained or compiled
from sources as may be consistent with the purposes of the ALPR system