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Virginia Supreme Court Petitioned to Prohibit Police From Using License Plate Readers As Warrantless Mass Surveillance Tool to Track Drivers

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RICHMOND, Va. — Denouncing the fact that Americans cannot even drive their cars without being enmeshed in the government’s web of surveillance, The Rutherford Institute has asked the Virginia Supreme Court to prohibit Virginia police from using license plate readers as surveillance tools to track drivers’ movements.

Mounted next to traffic lights or on police cars, Automated License Plate Readers (ALPR), which photograph over 1,800 license tag numbers per minute, take a picture of every passing license tag number and store the tag number and the date, time, and location of the picture in a searchable database.

The data is then shared with law enforcement, fusion centers and private companies and used to track the movements of persons in their cars.

There are reportedly tens of thousands of these license plate readers now in operation throughout the country.

It is estimated that over 99% of the people being unnecessarily surveilled are entirely innocent.

In challenging the use of license plate readers by Fairfax police, Rutherford Institute attorneys argue that Fairfax County’s practice of collecting and storing license plate reader data violates a Virginia law prohibiting the government from amassing personal information about individuals, including their driving habits and location.

“We’re on the losing end of a technological revolution that has already taken hostage our computers, our phones, our finances, our entertainment, our shopping, our appliances, and now, it’s focused its sights on our cars,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance and then storing the data for later use, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’”

Since 2010, the Fairfax County Police Department (FCPD) has used ALPRs to record the time, place, and driving direction of thousands of drivers who use Fairfax County roads daily.

License plate readers capture over 1,800 images of license tag numbers per minute and convert the images to a computer format that can be searched by tag number.

This information, stored in a police database for a year, allows the police to determine the driving habits of persons as well as where they have been.

In 2014, Fairfax County resident Harrison Neal filed a complaint against FCPD asserting its collection and storage of license plate data without an active investigation violates Virginia’s Government Data Collection and Dissemination Practices Act (Data Act), a law enacted because of the fear that advanced technologies would be used by the government to collect and analyze massive amounts of personal information about citizens, thereby invading their privacy and liberty.

Despite a 2013 Virginia Attorney General opinion that its ALPR practices violate the Data Act, FCPD continued to collect and store ALPR data in order to track the movements of vehicles and drivers.

In 2018, the Virginia Supreme Court ruled in favor of Neal, but sent the case back to the trial court to determine whether the case involved an “information system” covered by the Data Act.

After the trial court found the Data Act did apply and barred FCPD’s passive use of ALPRs, the case was again appealed to the Supreme Court of Virginia.

In weighing in on the case, Rutherford Institute attorneys argue that the history of the Data Act affirms it prohibits the collection and maintenance of ALPR data by the government, which along with other surveillance technologies, creates vast dossiers about the lives and activities of citizens.

Case History

April 26, 2018 • Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens 

November 02, 2017 • Rutherford Institute Challenges Police Use of License Plate Readers as Mass Surveillance Tool to Track Citizens Not Suspected of a Crime

The amicus brief in Fairfax County Police Department v Neal

Article posted with permission from John Whitehead

John Whitehead

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. He is the author of A Government of Wolves: The Emerging American Police State and The Change Manifesto.
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