License Plate Readers

Published for NC Criminal Law on July 18, 2013.

Law enforcement use of automated license plate readers has become very widespread. It raises several interesting legal and practical issues which I briefly explore below. What are they? License plate readers are electronic devices – basically, enhanced cameras – that scan each passing car, detect the license plate, read it, and record it. The devices may also photograph the plate, such as when the plate matches a “hot list” of stolen plates. The readers may be stationary, mounted on a light pole or an overpass, or they may be mobile, mounted on a police vehicle. When mounted on a vehicle, they may send an alert to the officer driving a vehicle when they detect a noteworthy plate. Widespread use. According to public records obtained by the ACLU, at least the following North Carolina law enforcement agencies are using license plate readers: Charlotte-Mecklenburg Police Department High Point Police Department Jacksonville Police Department Raleigh Police Department Washington Police Department Wilmington Police Department Wilson County Sheriff’s Office Wrightsville Beach Police Department Other agencies such as the Fayetteville Police Department and the Greenville Police Department, have experimented with or are exploring the use of plate readers. I don’t know how the ACLU identified agencies to query, or how it decided which responses to post online, but a substantial majority of the agencies whose responses it posted acknowledged using plate readers. Survey data suggests that a majority of all law enforcement agencies already use the readers, and I assume that even more agencies will do so [...]