RICHMOND, Va. — Automated license plate readers (ALPRs) are expected to be a hot topic during Virginia's upcoming General Assembly session.
Civil rights advocates and law enforcement officials agree on the need for oversight of the technology, but they differ on key issues, including privacy protections and data use.
ALPRs are cameras, either stationary or mounted on police vehicles, that capture images of cars and their license plates. While 18 states regulate how these devices are used, Virginia currently does not, leaving policies up to individual law enforcement agencies.
Efforts to create statewide regulations have stalled in previous years, but the issue has been studied in preparation for the 2025 legislative session. At a November meeting of the Virginia State Crime Commission (VSSC), staff noted that ALPRs are primarily used for investigations and alerts, such as identifying stolen vehicles.
Advocates said the technology has been helpful in solving crimes.
“It's a variety of things such as car theft, abductions, any kind of organized crime, even just property crime issues. And so they've been very beneficial in a variety of areas,” said Dana Schrad, executive director of the Virginia Association of Chiefs of Police (VACP).
Those advocating for tighter controls argue that the technology can infringe on privacy rights and has been misused.
“In Denver, Colorado, a black mother and her children were forced to lay face down in hot concrete because the license plate reader incorrectly read their plate...In Ohio, a canine was released on a man after an ALPR identified the wrong car,” said Ruby Cherian, an attorney with the Legal Aid Justice Center (LAJC). “This technology has real, real harms."
While commission staff acknowledged the tool’s potential, they noted the lack of concrete data on its effectiveness.
“Most of the information on ALPR successes, errors, and misuses is anecdotal,” said Colin Drabert, deputy director of the Virginia State Crime Commission. "Few rigorous studies have been conducted on the effectiveness of ALPR. However, the studies that have been conducted have shown the ALPR is particularly effective in insist in assisting law enforcement with locating stolen vehicles and investigating other offenses. Additionally, national studies are currently being conducted to evaluate the overall effectiveness of ALPR."
Lawmakers are expected to address several issues, including how long ALPR data can be retained.
VSSC staff said the length of time data is kept varies in the states that regulate it, from three minutes (New Hampshire) to five years (Alabama).
CBS 6 reached out to and received or found information online about ALPR policies for local department and, like the rest of the U.S., they differ.
Virginia State Police retain data for 24 hours, Hanover County Sheriff's Office for seven days, and Richmond and Chesterfield Police Departments for 30 days. Henrico County's retention period depends on the type of camera — 30 days for non-vehicle mounted ALPRs and 90 days for vehicle-mounted ALPR.
All departments allowed data to be kept longer than that if the information was associated with an active investigation.
Both sides agree on the need for a uniform statewide retention period.
"We think it's really important to make sure we do have a clear retention period in place to make sure that we don't have this private company that has the ability to keep this data indefinitely,” Cherian said.
"To have a uniform rule in Virginia is always good for law enforcement. It means that the citizens in Virginia know they can expect the same thing in one end of the state and to the other and it also makes sure that our officers understand what the law is around using LPRs and how long data should be retained,” Schrad added, who said her organization supported legislation in the last session that would have set the limit at 30 days. "We obviously support training for any officers using license plate readers and then also for agencies to have policies, because if an officer misuses LPR records, then it should be a matter of disciplinary action in the agency."
However, there is disagreement over whether police should need a search warrant to access ALPR data. The LAJC said they could support allowing police to access data without a warrant during the first 24 hours, accounting for emerging issues like a kidnapping or missing persons, but wants a warrant required for longer-term use.
“What's important here is to have a third party that's able to check and make sure that we don't have misuse or abuse by law enforcement agencies and this private company that's ultimately holding this data, right,” Cherian said.
The VACP opposes warrant requirements for police-owned ALPRs, though they are open to the idea for third-party systems.
"There are actually third parties that have LPR records. Homeowners associations will often set up LPRs in a private contract for their neighborhoods. Businesses have them. We have absolutely no opposition to requiring a warrant to get those third party LPR records that are held in the private sector," said Schrad. "But to to serve a warrant on your own agency's records doesn't really make sense the the because the agency itself, the law enforcement agency, retains those LPR records. Who do you serve the warrant on? The chief of police?"
VSCC staff said only two of the 18 states that regulate ALPRs have search warrant requirements.
"In Minnesota, it's required. Search warrant is required if law enforcement is going to be using the LPR to monitor or track an individual who's the subject of an active criminal investigation, so that deals more with active tracking, as opposed to a search of a past incident," said Drabert. "And then looking to Utah — Utah requires a search warrant or a court order for law enforcement to obtain ALPR data from a non government entity."
What Are Local Department Policies?
CBS 6 obtained information on ALPR usage from several local departments. A summary their answers are below:
Hanover County Sheriff's Deparmtent
Hanover said it has two mounted ALPRs on patrol vehicles and data collected is purged after seven days.
A spokesperson added they do have access to third-party, but do not store the data themselves.
"For us to access that data, we have to provide a justification for the search and a report number. We can only search it for criminal justice purposes during a criminal investigation," they added.
Virginia State Police
A Virginia State Police (VSP) spokesperson said they do use ALPRs and keep the data for 24 hours "unless the information is directly connected to a criminal case."
They added VSP treats ALPR data like other criminal justice information and it can only be "used for official law enforcement purposes by policy, and the purpose must be articulated by the member at the time of the data search (either a criminal case number or a narrative explaining why the search was conducted). No employee may use, or authorize the use of, the LPR equipment or database records for any other reason."
They said VSP has a full-time ALPR coordinator, who oversees the program statewide.
Richmond Police Department
The Richmond Police Department said its ALPR data is stored for 30 days before it is automatically purged.
A spokesperson added each officer has to be trained on using the system and "have valid account credentials to access the data, and the search must be for legitimate law enforcement purposes with a mandatory justification entry required. These are reviewed by supervisors and subject to regular audits."
RPD said it does not require a search warrant to access the data because "LPR cameras are capturing images of the exterior of vehicles and their license plates on publicly traveled roadways."
The department is committed to using the technology in a narrow fashion, respecting the valid concerns of Fourth Amendment advocates while balancing the needs of investigations to support public safety efforts," they added. "There have been several investigations of violent crimes where this technology has been instrumental in identifying and locating suspects."
Henrico County Police Department
The department has a website with its ALPR policy posted. It said vehicle mounted ALPR data collection and storage is governed by "the Virginia Supreme Court ruling of Harrison Neal v. Fairfax County Police Department (October 22, 2020), and by a Memorandum of Understanding (MOU) agreed upon between" VSP and Henrico. It said that data will be purged 90 days after its collection.
They add non-vehicle mounted data is purged 30 days after it is collected.
In both cases, data may be kept longer if it is part of an on-going investigation.
Chesterfield County Police
The department has a website with its ALPR policy posted. It said "images collected by LPRs are stored for 30 days unless they are saved in association with a specific investigation. By policy, LPR data may be used only for legitimate law enforcement purposes."
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