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

This press release is also available at www.rutherford.org.

RICHMOND, Va. — The Rutherford Institute has asked the Virginia Supreme Court to prohibit police from using license plate readers as mass surveillance tools to track citizens whether or not they are suspected of a crime. In filing an amicus brief in Neal v. Fairfax County Police Department, 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.

Mounted next to traffic lights or on police cars, Automated License Plate Readers (ALPR), which photograph up to 3,600 license tag numbers per minute, take a picture of every passing license tag number and store the tag number, 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. The Virginia Supreme Court will hear arguments today in Neal v. Fairfax County Police Department.

The Rutherford Institute’s amicus brief in Neal v. Fairfax County is available at www.rutherford.org.

“Incredibly, Americans cannot even drive their cars without being enmeshed in the government’s web of surveillance. 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.’”