Do I support LPR cameras?

 

The number one function of government is public safety, that being our military, courts, law enforcement, corrections and fire/rescue.  No other function of government has been more essential than public safety and has stood the test of time from the very birth of our country.

 

Over the last 40 years we have seen innovation revolutionize law enforcement.  The vast majority of that innovation has been technology. Starting with onboard computers in the late 80’s, to in car cameras, tasers, body worn cameras, drones, DNA comparisons, and so many more examples of technology used today by law enforcement.  As criminals become more elusive and advanced with the use of their own technology, law enforcement has been using technology to become better, faster, and smarter.  

 

Recently, one piece of technology widely used by law enforcement has come under scrutiny, is license plate readers (LPR) and specifically a brand called Flock (not to be confused with red light or speed radar cameras). As a recently retired executive law enforcement officer with nearly 40 years of experience, I have had the unique opportunity to lead the implementation of multi-million-dollar technology systems, as well as an implementation of the Flock LPR system.

 

The Flock camera has come under heavy scrutiny mainly because of the misinformation about how the Flock camera works, such as it uses facial recognition or it runs your driver’s license when it sees your license plate.  The belief that either of these features are utilized by the Flock system is categorically false and has never been a feature of the Flock system.  Information about a registered owner of a vehicle or driver’s license information about a registered owner of a vehicle must be obtained by two separate and independent queries by an officer (or dispatch).  Both queries are tracked by the Department of Highway Safety and Motor Vehicle (DHSMV) as to who made the query, and it must be done for official law enforcement purposes only.

 

Another misconception is that Flock cameras are a great way to track a vehicle.  This is false.  I have never seen the Flock system determine the point of origin and/or the point of destination for a vehicle.  Yes, a vehicle will be seen at different points along the path of a roadway.  But to call viewing photographs of the rear of a vehicle at different locations on a roadway a surveillance, is a big stretch.  Vehicles seen on Flock can go missing for hours, days and even weeks before ever being seen again on the system.  

 

But the most widely held misconception is that the Flock camera can track you (as an individual).  First, the Flock system has no knowledge of who is in the vehicle.  This information would have to come from either a person inside the vehicle, a witness or an officer who saw the occupants.  Just because your vehicle is seen by the Flock camera, it doesn’t provide any evidence that you are driving or in the vehicle. Flock also doesn't know where your house is, who you meet with or who you talk to.  As a law enforcement officer, the last technique I would want to rely on for surveilling a person (or a vehicle) is the Flock system.  The most reliable surveillance technique is human surveillance.  Law Enforcement does it all the time and it great for gathering criminal intelligence and evidence.

 

So let me be clear, law enforcement uses Flock cameras to locate people/vehicles.  There have been so many success stories of families being reunited and justice being served.  It is rewarding to know that a domestic violence victim will sleep easily knowing their brutal attacker was quickly located and arrested because of the Flock system. 

 

There have also been concerns about the sharing of information related to the Flock system.  Information sharing is one of the cornerstones of law enforcement success.  Since the late 60’s with the development of the National Crime Information Center (NCIC), information sharing has grown to a worldwide practice by law enforcement.  Sharing everything from vehicle information, driver license information, criminal intelligence, suspect information, missing person, endangered person and other vital information.  Information sharing is the best form of cooperation among law enforcement partners.  Former FBI Director J. Edgar Hoover once said, “The most effective weapon against crime is cooperation, the efforts of all law enforcement agencies with the support and understanding of the American people.”  Without sharing information today, law enforcement would be completely ineffective.

 

Lastly, I think it’s important to discuss the integrity of the data.  Currently Florida State Statute (FSS) 316.0777 and 316.0778, as well as CJJIS (Criminal and Juvenile Justice System), governs LPR systems.  FSS 316.0777 provides that data within the LPR system is exempt from public record.  Except that any such information relating to a license plate registered to an individual may be disclosed to the individual, unless such information constitutes active criminal intelligence information or active criminal investigation information.  Florida Statute 316.0778 and Florida Department of State addresses retention of LPR data.  Flock and law enforcement agencies have developed more restrictive policies than the discretionary law of up to the 3 years. That policy is to completely purge all LPR data after 30 days unless such information is currently being used for criminal intelligence or a criminal case.  This is currently being done.  Audits are also being conducted to determine any misuse of the data and Florida statute provides for criminal penalty for the misuse of computer related information such as LPR data under statute 815.06.  All data viewed or entered by an authorized user is time stamped and tracked.  Many Agencies require an offense type, case number and reason description before viewing or entering information into the system.

 

But this only covers Florida.  As the next congressman for Florida’s 2nd Congressional District, I will propose federal legislation to ensure federal law requires all States to: 1). Make LPR data exempt from public record. 2). Require by law (not policy) that all LPR data is to be purged after 15 days (except for criminal matters).  3). Require strict documented user guidelines before viewing or entering information into an LPR system.  4). Require LPR data audits and unannounced random independent inspections to ensure proper use. 5). Provide federal criminal penalties for misuse of LPR data.

 

LPR systems should only be used to find the bad guy and those individuals who need help, not constantly monitor citizens’ behavior, like red light and speed cameras (both of which I adamantly oppose).

 

So, to answer the question. YES! I support the use of LPR cameras and I support law enforcement.

 

Audie Rowell

Candidate 

Florida 2nd 

Congressional District