Automated License Plate Readers Policy

Policy 462Newport Beach Police Department Newport Beach PD Policy Manual Automated License Plate Readers (ALPRs) 462.1 PURPOSE AND SCOPE 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. 462.2 POLICY The Policy of the Newport Beach Police Department is to utilize ALPR technology to capture and store digital license plate and vehicle description 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 information, it is not open to public review. 462.3 ADMINISTRATION ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Newport Beach Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Division Commander or an authorized designee.The Support Services Commander or authorized designee will assign personnel under his/her command to administer the day-to-day operation of the ALPR system and data. 462.3.1 ALPR ADMINISTRATOR The Support Services Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a)A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b)Training requirements for authorized users. (c)A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d)Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e)Ensuring compliance with the Records Retention Schedule for retention and destruction of ALPR data. (f)The title and name of the current designee in overseeing the ALPR operation. Copyright Lexipol, LLC 2024/09/18, All Rights Reserved. Published with permission by Newport Beach Police DepartmentAutomated License Plate Readers (ALPRs) - 453 Newport Beach Police Department Newport Beach PD Policy Manual Automated License Plate Readers (ALPRs) (g)Ensuring this policy and related procedures are conspicuously posted on the department's website. 462.4 OPERATIONS Use of any ALPR data is restricted to the purposes outlined below. Department employees shall not use, or allow others to use the system or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a)The ALPR system shall only be used for official law enforcement business. (b)ALPR data may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using ALPR data. (c)While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d)No employee of this department shall operate the ALPR system or access ALPR data without first completing department-approved training. (e)No ALPR operator may access department, state or federal data unless they have both a legitimate need and a right to access data. "Need" shall be defined as a legitimate law enforcement need related to an investigation or report follow-up. (f)Any alerts (wanted returns) received from the ALPR system, including lost or stolen license plates, stolen vehicles, wanted persons, outstanding warrants, Amber Alerts and vehicles of interest, should be confirmed through the MCT or Dispatch before any law enforcement action is taken absent additional information necessitating immediate police action. (g)Absent a confirmed warrant, hit or stolen vehicle return, officers must develop independent reasonable suspicion to initiate a traffic stop on vehicles of interest identified in an ALPR system alert. 462.5 DATA COLLECTION AND RETENTION The Support Services Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. All ALPR data downloaded to the ALPR system should be stored for a minimum of 30 days in accordance with the established records retention schedule. Thereafter, ALPR data should be automatically deleted unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the system in accordance with established digital evidence collection and storage procedures. Copyright Lexipol, LLC 2024/09/18, All Rights Reserved. Published with permission by Newport Beach Police DepartmentAutomated License Plate Readers (ALPRs) - 454 Newport Beach Police Department Newport Beach PD Policy Manual Automated License Plate Readers