Policy Benicia Police Department
470 Benicia PD Policy Manual
Automated License Plate Readers (ALPRs)
470.1 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.
470.2 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 Services Lieutenant 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 specific reason
including, but not limited to, being related to a stolen car, wanted person, missing person, domestic
violation protective order or terrorist-related activity.
470.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated
detection of license plates along with the vehicle make, model, color and unique identifiers through
the Benicia Police Department’s ALPR’s system and the vendor’s vehicle identification technology.
The technology is used by the Benicia Police Department to convert data associated with vehicle
license plates and vehicle descriptions 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, suspect interdiction and stolen property
recovery.
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Automated License Plate Readers (ALPRs)
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access,
shall be managed by the Department Information Technology Analyst and Records Supervisor.
The Department Information Technology Manager will assign members under his/her command
to administer the day-to-day operation of the ALPR equipment and data.
470.3.1 ALPR ADMINISTRATOR
The Services Lieutenant shall be responsible for compliance 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) Only properly trained sworn officers, crime analysts, and public safety dispatchers are allowed
access to the ALPR system or to collect ALPR information.
(b) Ensuring that training requirements are completed for authorized users.
(c) ALPR system monitoring to ensure the security of the information and compliance with
applicable privacy laws.
(d) Ensuring that procedures are followed for system operators and 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 is maintained.
Continually working with the Custodian of Records on the retention and destruction of ALPR data.
(f) Ensuring this policy and related procedures are conspicuously posted on the department’s
website.
470.4 OPERATIONS
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 criminal investigation.
(c) Partial license plates and unique vehicle descriptions 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) If practicable, 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 Officer should confirm that the
observed license plate from the system matches the license plate of the observed
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Automated License Plate Readers (ALPRs)
vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be
verified through a CLETS inquiry via MDC or through Dispatch. Officers 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.)
(f) 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 set forth in this Policy. Hot lists utilized
by the Department’s LPR system may be updated by agency sources more frequently than the
Department may be uploading them and thus the Department’s LPR system will not have access
to real time data. Occasionally, there may be errors in the LPR system’s read of a license plate.
Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of
interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department
members shall undertake the following:
(1) Verification of status on a Hot List. An officer must receive confirmation, from a Benicia
Police Department Communications Center or other department computer device, that the
license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent
circumstances).
(2) Visual verification of license plate number. Officers shall visually verify that the license plate
of interest matches identically with the image of the license plate
number captured (read) by the LPR, including both the alphanumeric characters of the license
plate, state of issue, and vehicle descriptors before proceeding.
Department members alerted to the fact that an observed motor vehicle’s license plate is entered
as a Hot Plate (hit) in a specific BOLO (be on the lookout) list are
required to make a reasonable effort to confirm that a wanted person is actually in the vehicle
and/or that a reasonable basis exists before a sworn Officer would have a lawful basis to stop
the vehicle.
(3) Officers will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an
arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of
the ALPR Hit and the arrest, then the Officers shall update with the Communications Dispatcher
and original person and/or a crime analyst inputting the vehicle in the hot list (hit).
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(4) General Hot Lists (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system
a minimum of once a day with the most current data overwriting the old data.
(5) All entries and updates of specific Hot Lists within the ALPR system will be documented by the
requesting Officer within the appropriate general offense report. As such, specific Hot Lists shall
be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR
system. The updating of such a list within the ALPR system shall thereafter be accomplished
pursuant to the approval of the Officer’s immediate supervisor. The hits from these data sources
should be viewed as informational; created solely to bring the officers attention to specific vehicles
that have been associated with criminal activity.
All Hot Plates and suspect information entered into the ALPR system will contain the following
information as a minimum:
· Entering Department member’s name
· Related case number.
· Short synopsis describing the nature of the originating call
(g) Training. No member of this Department shall operate ALPR equipment or access ALPR data
without first completing Department-approved training.
(h) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR
system, all users will be required to have individual credentials for access and use of the systems
and/or data, which has the ability to be fully audited.
Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the
Benicia 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:
(1) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, 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).
(2) Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass
and/or intimidate any individual or group.
(3) Use Based on a Protected Characteristic. It is a violation of this policy to use the ALPR
system or associated scan files or hot lists solely because of a person’s, or group’s race, gender,
religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification
protected by law.
(4) Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files
or hot lists for any personal purpose.
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(5) First Amendment Rights. It is a violation of this policy to use the LPR system or associated
scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights.
Anyone who engages in an impermissible use of the ALPR system or associated scan files or
hot lists may be subject to:
· criminal prosecution,
· civil liability, and/or
· administrative sanctions, up to and including termination, pursuant to and consistent with the
relevant collective bargaining agreements and Department policies.
470.5 DATA COLLECTION AND RETENTION
ALPR vendor, Flock Safety will store the data (data hosting) and ensure proper maintenance and
security of data stored in their data towers. Flock Safety will purge their data at the end of the 30
days of storage. However, this will not preclude Benicia Police Department from maintaining any
relevant vehicle data obtained from the system after that period pursuant to the established City
of Benicia retention schedule.
Restrictions on use of ALPR Data: Information gathered or collected, and records retained
by Flock Safety cameras or any other Benicia Police Department ALPR system will not be
sold, accessed, or used for any purpose other than legitimate law enforcement or public safety
purposes.
470.6 ACCOUNTABILITY AND SAFEGUARDS
All data will be closely safeguarded and protected by both procedural and technological means.
The Benicia 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 non-law enforcement requests for access to stored ALPR data shall be processed in
accordance with applicable law.
(b) Persons 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 relate to a specific
criminal investigation or department-related civil or administrative action.
(c) Such ALPR data may be released to other authorized and verified law enforcement officials
and agencies for legitimate law enforcement purposes.
(d) Every ALPR Detection Browsing Inquiry must be documented by either the associated Benicia
Police case number or incident number, and/or a reason for the inquiry.
For security or data breaches, see the Records Release and Maintenance Policy.
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Automated License Plate Readers (ALPRs)
470.7 POLICY
The policy of the Benicia 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 Benicia 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 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 (CPB).
470.8 ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the Services Lieutenant or the Chief’s designee to ensure that an audit
is conducted of ALPR detection browsing inquiries at least quarterly during each calendar year.
The Department will audit a sampling of the ALPR system utilization from the prior 12-month
period to verify proper use in accordance with the above authorized uses. The audit shall randomly
select at least 10 detection browsing inquiries conducted by department employees during the
preceding six-month period and determine if each inquiry meets the requirements established
in policy section 470.6(d). The audit shall be documented in the form of an internal department
memorandum to the Chief of Police. The memorandum shall include any data errors found so
that such errors can be corrected. After review by the Chief of Police, the memorandum and any
associated documentation shall be filed and retained by Benicia Police Department.
470.9 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for
official law enforcement purposes or as otherwise permitted by law.
(a) A supervisor at the requesting agency will sign an acknowledgement letter stating that
the shared data will only be used for the purposes that are aligned with the Benicia Police
Department’s policy. The Benicia Police Department does not permit the sharing of ALPR
data gathered by the City or its contractors/subcontractors for purpose of federal immigration
enforcement, these federal immigration agencies include Immigrations and Customs Enforcement
(ICE) and Customs and Border Patrol (CPB).
(b) The signed letter is retained on file. 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).
470.10 TRAINING
The Training Sergeant should ensure that members receive department-approved training for
those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §
1798.90.53).
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