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.

DEFINITIONS

Authorized User – A University of the Pacific staff member or contractor who is specifically authorized by University of the Pacific Police Department to access ALPR technology.

Automated License Plate Reader (ALPR) -A device that uses cameras and computer technology to compare digital images to lists of known license plates for investigative purposes.

ALPR Operator - Trained department members who may utilize the ALPR system/ equipment. ALPR operators may be assigned to any position within the University’s Police Department.

Detection - Data obtained by an ALPR of a license plate in public view, including images of the vehicle.

Hit - An alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) System or other law enforcement database for a specific reason, e.g., being related to a stolen car, wanted person, missing person, domestic violence protective order violation, terrorist-related activity, etc.

Hot list - A list of license plates associated with vehicles of interest compiled from one or more databases, e.g., NCIC, CA DMV, local 'Be on the Lookout' (BOLO) bulletins, etc.

Vehicles of interest - Wanted vehicles such as stolen vehicles, vehicles displaying stolen license plates, vehicles linked to missing and/or wanted persons, and vehicles flagged by the Department of Motor Vehicles and other law enforcement agencies.

POLICY

The policy of the University of Pacific Police Department is to inform the community that the Pacific Police Department utilizes ALPR technology to capture and store digital license plate data and images, but does so in a manner that complies with laws, including federal and state privacy laws.

The University of Pacific Police Department does not permit the sharing of ALPR data gathered by the campus or its contractors/subcontractors for the purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), Senate Bill 34, and Senate Bill 54. These federal immigration agencies include Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).

The data and images gathered by the ALPR are for the official use of the Pacific Police Department but may be shared with other law enforcement agencies for the protection of people and property. Because such data may contain confidential information, it is not open to public review.

ADMINISTRATION

The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the University of Pacific 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, electronic surveillance, suspect interdiction, active University investigations, parking enforcement, and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, is securely managed by the University of Pacific Police Department. The Chief of Police will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.

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 may only be used for official law enforcement business and may only be used by Authorized Users

(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.

(c) 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 is permitted to 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) 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.

1. Once an alert is received, the operator should confirm that the observed license plate from the ALPR system matches the license plate of the observed vehicle.

2. Members will not take any action that restricts the freedom of any individual based solely on an ALPR alert unless it has been confirmed, unless exigent circumstances exist.

3. When determining whether to make a high-risk stop, members should take into account the following factors:

(a) Uncooperative or takes action at the scene that raises a reasonable possibility of danger or flight

(b) Armed or have information that the occupants are currently armed

(c) Involved or associated with a violent crime where the occupants are suspects

(d) About to be involved in a crime of violence

4. If officers are unable to articulate one or more of these factors, a caution-stop may be a more appropriate tactic, given the totality of the circumstances. e A caution-stop is utilized when officers have certain information about a vehicle, but not about the occupants. For example, a caution-stop may be appropriate for an ALPR alert for a vehicle linked to a felony, a confirmed stolen vehicle, or other similar circumstances where a vehicle is connected to a crime, but nothing particular about the occupants.

(g) Response to ALPR alerts from external agencies should be directly related to the safety and security of the University of Pacific Police Department patrol jurisdiction and geographic area.

(h) Hot plates should only be entered into ALPR systems to assist with the investigation of University of Pacific Police Department cases. The following personnel have the authority to enter hot plates into ALPR systems:

1. Chief

2. Lieutenants

3. Sergeants

(i) Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.

(j) Department members taking enforcement action based on an ALPR hot list alert must immediately notify the Dispatch Center on the disposition of the stop. The officer must also notify the on-duty supervisor and determine whether the vehicle license plate should remain on the hot list. If it is determined the vehicle should be removed, the officer will ensure the removal from the hot list is completed in a timely manner.

(k) Hot lists generated from NCIC and CLETS will be uploaded into the ALPR system on a daily basis with the most current data overwriting the old data.

(l) ALPR alerts should be considered informational and are meant to bring the officer's attention to specific vehicles that may be associated with criminal activity or a missing/ at- risk person.

(m) All hot plates and suspect information entered into the ALPR system will contain the entering officer's name, related case number, and a synopsis of the event related to the license plate.

(n) 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 system.

PROHIBITED USES OF ALPR SYSTEM AND DATA

The ALPR system and all data collected are the property of the University of Pacific Police 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 expressly 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 not exposed to public view.

(b) Harassment or Intimidation - It is a violation of this policy to use the ALPR system to harass, monitor, and/or intimidate any individual or group.

(c) Use Based on a Protected Class/Characteristics - It is a violation of this policy to use the ALPR system solely based on a person's or group's perceived race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.

(d) Immigration Enforcement/Investigations - It is a violation of this policy to use the ALPR system for immigration enforcement and/or investigations.

(e) Personal Use - It is a violation of this policy to use the ALPR system for any personal purpose.

(f) Sale, sharing or use of ALPR or ALPR data for personal gain.

Members who engage in impermissible uses of the ALPR system or associated data may be subject to criminal prosecution, civil liability, and administrative action up to and including termination

DATA COLLECTION AND RETENTION

All ALPR data downloaded to the ALPR server should be stored for no longer than 30 days, and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged 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 server and uploaded into the department digital evidence repository or booked as evidence on a recording device.

The ALPR vendor will store the data (data hosting) and ensure proper maintenance and security of the stored data. ALPR data stored or retained by the University of Pacific Police Department or its vendor may be retained up to 30 days. Thereafter, ALPR data shall be purged unless it has become, or is reasonable to believe will become evidence in a criminal, civil, and/ or administrative action or is subject to a discovery request or other lawful action to produce records. In those circumstances, the applicable data shall be downloaded from the server into the department digital evidence repository or booked as evidence on a recording device. Additionally, no ALPR data will be warehoused or co-mingled with any private company data. Information gathered or collected will not be shared, sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes, and only in compliance with this policy or in response to a lawful action to produce the data.

ACCOUNTABILITY

All data will be closely safeguarded and protected by both procedural and technological means. The University of Pacific 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) Pacific employees 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. (ALPR data shall only be utilized for administrative purposes with authorization of the Chief of Police.).

(c) ALPR system audits should be conducted on a regular basis.

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.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as in accordance with departmental policies on the release of police records. (Civil Code § 1798.90.55).

TRAINING

The Training Manager 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). Training shall be updated as technological, legal, and other changes that affect the use of the ALPR system occur and refresher training shall be provided to members.