Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
460.1 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.
460.2 DEFINITIONS
• Automated License Plate Reader (ALPR): A device that uses came ras and computer technology to compare digital images to lists of known information of interest.
• 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.
• ALPR Administrator: The Investigations Division Captain, or their designee.
• Hot List: A list of license plates associated with vehicles of interest compiled from one or more databases including, but not limited to, CLETS, NCIC, CA DMV, Local BOLO's, etc.
• Vehicles of Interest: Frequently v ehicles are inv olved in police investigations for various reasons, including being associated with witnesses, victims, suspects and for community caretaker reasons. Police define all these into one all-encompassing term referred to as vehicles of interest. Vehicles of interest include, 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.
• 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.
Policy
460
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2
• Alert: Notification from the ALPR system that a detection may be a vehicle of interest on a hotlist.
• Surveillance Technology: A ny electronic device, software program, or hosted software solution owned or operated by the City that is designed or primarily intended to be us ed for the purpose of Surveillance.
460.3 POLICY
ALPR technology is classified as Surveillance Technology as defined by City of Chula Vista Policy 112-04, Privacy Protection and Technology Transparency Policy.
The use of ALPR technology will be in strict accordance with all local, state and federal laws, and all provisions of the Chula Vista Police Department Manual. The remaining provisions of this policy were developed to adhere to the overarching intent of City of Chula Vista Policy 11 2-04, Privacy Protection and Technology Transparency Policy.
The policy of the Chula Vista 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 Chula Vista Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to 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).
460.4 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with vehicle make, body style, color and unique identifiers through the Chula Vista Police Department’s ALPR system and the vendor’s vehicle identification technology . It is used by the Chula Vista Police Department to convert data associated with vehicle license plates and descriptions for official law enforcement purposes, including but not limited to identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information that helps solve crimes and can lead to identifying offenders relate d to active warrants, locating wanted persons, stolen property recovery and other situations. In all circumstances, ALPR data shall only be used for official law enforcement purpose.
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the ALPR Administrator . The ALPR Administrator may assign other department members under their command to assist in the administration of day-to-day operation of the ALPR equipment and data.
Assisting administrators shall be at least the rank of Sergeant or civilian supervisor. A supervisor or manager in the Department’s Police Technology Unit may also be assigned as a computer system administrator for technical support.
460.4.1 ALPR ADMINISTRATOR
The ALPR Administrator shall be responsible for developing guidelines and procedures to comply with the requirements of City of Chula Vista Policy § 112-04 and 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 members 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) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data.
(g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
460.5 OPERATIONS
All ALPR system users shall access the ALPR system utilizing individual credentials assigned by the Chula Vista Police Department or its automated systems. All access and use of the ALPR system is logged and subject to audit at the discretion of the Chula Vista Police Department or other lawful authority.
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 pa trol operation, a criminal investigation, or a police investigation of another nature including but not limited to Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4
missing persons, and runaway juveniles. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be use d 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 member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) The ALPR Administrator or their designee shall have the exclusive authority to authorize the creation, modification, or deletion of Chula Vista Police Department custom hot lists in the ALPR syste m, or to approve another law enforcement agency’s request to share their ALPR data with the Department.
Occasionally, there may be errors in the LPR system’s interpretation of a license plate. Therefore, an alert alone shall not be solely used as a basis for enforcement action. Absent exigent circumstances, prior to the initiation of an enforcement action of intervention based solely on an ALPR alert, the member shall undertake the following:
(a) Visually verify that the license plate of interest matches identically with the image of the license plate number captured by the LPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors, before proceeding.
(b) Verify an ALPR response through the Communications Center, the California Law Enforcement Telecommunications System (CLETS), or other confirmed source before taking enforcement action that is based solely on an ALPR alert. (c) Department members alerted that an observed vehicle's license plate is on a custom hot list shall ensure that they possess a legal reason to stop the vehicle, based on the totality of circumstances.
When an enforcement stop is initiated based on an ALPR alert, the disposition of the contact shall be noted in the call for service or in the subsequent police report.
460.6 CUSTOM HOT LISTS
Custom h ot lists may be obtained , compiled, created or modified by the Chula Vista Police Department with the permission of the ALPR Administrator or their designee, and shall consist of information from official law enforcement databases.
Other law enforcement agencies may request to share their own custom hot lists with the Chula Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5
Vista Police Department. Shared hotlist requests, or requests to update shared hot lists, shall be reviewed by the ALPR Administrator or their designee, and shall only be approved where the shared custom hot list is not inconsistent with the purposes and regulations expressed in this policy. In all cases, shared h ot lists shall be approved where their sources are from official law enforcement records consistent with this policy. Shared hot lists may be updated by the originating agency more f requently than the ALPR Administrator can review and approve them. For this reason, members are advised that hot lists may not have access to real time data and therefore a hit on a hot list may not always be up to date.
With the approval of a Chula Vista Police Department supervisor, a department member may enter vehicles of interest into a Chula Vista Police Department custom hot list. Upon entering a vehicle of interest in a hot list, d epartment members shall document the reason for the entry in the ALPR system and, where applicable, in the related police report.
460.7 PROHIBITED USE OF ALPR SYSTEMS
The ALPR system, including all data collected, generated, or stored by the ALPR system, is the sole property of the City of Chula Vista and controlled under the authority of the Chula Vista Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this policy.
The following uses of the ALPR system are specifically prohibited:
(a) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).
(b) Harassment or Intimidation: It is a violation of this policy to use the ALPR system to harass and/or intimidate any individual or group.
(c) Use Based on a Protected Class or Characteristic: It is a violation of this policy to use the ALPR system or associated data solely based on the race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other legally protected classification of any person or group.
(d) Personal Use: It is a violation of this Policy to use the ALPR system or associated data for any personal purpose.
(e) Violation of First Amendment Rights: It is a violation of this policy to use the ALPR system or associated data for the purpose or intended effect of unlawfully infringing upon the First Amendment rights of any person or group.
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6
(f) Immigration Enforcement: It is a violation of this policy to use the ALPR system or associated data, or to share ALPR data, for the purpose of engaging in immigration enforcement.
Violation of this policy or any lawful regulation related to ALPR systems may be subject to administrative discipline, criminal prosecution, and/or civil liability.
460.8 DATA COLLECTION AND RETENTION
The ALPR Administrator is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from ALPR devices to the designated storage in accordance with department data security procedures.
All ALPR detections shall be stored for a maximum of thirty days. Thereafter, ALPR detections shall be purged from the ALPR system after thirty days. The ALPR Administrator or designee shall be responsible for ensuring systems are configured to automatically purge ALPR detections after thirty days and shall develop procedures to audit ALPR detections to ensure data is purged in accordance with this policy.
Nothing in this policy is intended to prohibit the long-term storage of ALPR detections or ALPR data in other authorized Chula Vista Police Department systems, such as an evidence storage system, where said detections or data has become, or are reasonably believed will become, evidence in a police investigation, criminal action, civil action, or is subject to a discovery request or other lawful action to produce records.
Where ALPR detections or data become evidence in a police investigation, members should transfer or otherwise document the evidence into an authorized evidence storage or records management system consistent in accordance with department standards and practices.
460.9 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
ALPR Operators receive a two-hour training session before accessing the system, with a supervisor controlling access to the system. All operators access is defined and governed by federal and state laws and department policies. The system is compliant with CJIS (Criminal Justice Information Services). CJIS compliance requires agencies to safeguard the civil liberties of individuals and businesses and shield private and sensitive information.
This compliance is essential to have access to this sensitive information. The operator must demonstrate the need and the right to know the information. The reason for the inquiry shall be documented into the ALPR system and attributed to a authorized purpose such as a call for service or other police investigation.
Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7
The Chula Vista Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52).
(b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a quarterly basis and as needed.
For security or data breaches, see the Records Release and Maintenance Policy.
460.10 RELEASING ALPR DATA
ALPR data may be systematically shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:
1. The name of the agency.
2. The name of the person requesting.
3. The intended purpose of obtaining the information.
(b) The request does not violate any provision of this policy or any state or federal law, including the provisions of SB 54 relating to immigration enforcement. (c) The request is reviewed by the ALPR Administrator or designee and approved before the request is fulfilled.
(d) The approved request is retained on file.
Nothing in this policy is intended to prohibit the lawful sharing of specific ALPR data that has become, or is reasonably believed will become, evidence in a police investigation, criminal action, civil action, or is subject to a discovery request or other lawful action to produce records.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
460.11 TRAINING
The Training Manager should ensure that members receive department -approved training for Chula Vista Police Department
Chula Vista PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/11, All Rights Reserved.
Published with permission by Chula Vista Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 8
those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).