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Police agree to limits on license plate readers

They can use the devices to protect public safety, but not to track political activists or ex-spouses.

By David Hench dhench@mainetoday.com
Staff Writer

Police and privacy advocates reached an accord Thursday on a law to allow officers to use devices that read and record license plate numbers while preventing abuse of the technology.

The two sides headed off a battle on the floor of the state Senate by agreeing that the license-plate recognition systems could be used only when police are doing criminal investigations, have reason to be concerned about the public's safety, are enforcing civil orders or are responding to law enforcement bulletins.

"This is an incredibly powerful tracking system, and in deploying the system to photograph everyone the system encounters, even law-abiding citizens, we need to make sure there are safeguards," said Shenna Bellows, executive director of the Maine Civil Liberties Union.

South Portland Police Chief Edward Googins, whose department is the first in Maine to acquire the new technology, said the agreement will not inhibit officers' use of the system to protect public safety.

"We want to make the best use of this technology and still respect individual privacy," he said.

The system consists of a camera and a computer that records license plates of passing vehicles for comparison against plates that officers are seeking. It dramatically increases officers' ability to monitor vehicles moving through a community.

Googins equated it to having 100 extra officers watching for certain license plates.

But with that technology comes the ability to track exponentially more than any officers can or would, and the potential for abuse.

Although South Portland police have sought to craft internal policies to ensure responsible use of the device, the law needs to be written for all police agencies in the state, Bellows said.

Civil libertarians worry that without controls, the devices could be used to track the movements of political protesters, government critics, elected officials or anyone known personally by an officer, such as a former spouse. The compromise would not allow such uses.

The MCLU had sought to ban the devices. Failing that, it wanted to require officers to have reasonable suspicion before searching for a particular license plate.

Police say they want to be able to look for potential witnesses to crimes, possible drunk drivers, or abusive partners who are under a judge's order to stay away from victims – none of which would meet the reasonable-suspicion test.

The agreement reached Thursday would allow such uses.

Sen. Lawrence Bliss, D-South Portland, urged the two sides to agree on language before a Senate vote, which could occur as early as Tuesday.

Use of the devices will continue to be studied by a working group under the direction of the secretary of state. The group will generate a model policy for their use by the beginning of next year.

Staff Writer David Hench can be contacted at 791-6327 or at:

dhench@pressherald.com