State of New Jersey

CHRIS CHRISTIE

Governor

KIM GUADAGNO

Lieutenant Governor

State of New Jersey

OFFICE OF THE

ATTORNEY

GZNEP.A~

DEPARTMENT OF LAW AND PUBLIC SAFETY

PO Box 080

TRENTON, NJ 08625-0080

PAULA T. Dow

Attorney General

DIRECTIVE NO. 2010-5

TO:

Director, Office of Homeland Security and Preparedness

Director, Division of Criminal Justice

Superintendent, New Jersey State Police

All County Prosecutors

All County Sheriffs

All Police Chiefs

All Law Enforcement Chief Executives

FROM:

DATE:

SUBJECT:

Paula T. Dow, Attorney General

December 3, 2010

Law Enforcement Directive Promulgating Attorney General Guidelines for the

Use of Automated License Plate Readers (ALPRs) and Stored ALPR Data

In order to fulfill the mission of protecting the public, the New Jersey law enforcement

community must take full advantage of new crime-fighting technologies as they become available.

Automated license plate readers (ALPRs) are now being used by a number of law enforcement

agencies around the nation, and a number of police agencies in New Jersey have recently acquired

these devices or are planning to do so in the near future. License plate recognition technology can be

used to support a wide range of law enforcement operations and activities, including homeland

security, criminal and terrorist suspect interdiction, revoked/suspended driver interdiction, stolen

property recovery, stay-away order enforcement and, of course, the apprehension of individuals who

are subject to an outstanding arrest warrant.

These devices enable police officers to recognize and take immediate action against vehicles

and persons who are subject to an investigative detention or arrest based on a "Be on the Lookout"

bulletin. The data collected by ALPRs can also provide solid investigative leads if, for example, a

device happened to be scanning license plates near a crime scene, allowing police to locate potential

suspects, witnesses, or victims by identifying vehicles that were in the vicinity at the time of the

New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and is Retyclable

offense. A careful analysis of stored ALPR data can also be used to detect suspicious activities that

are consistent with the

modus operandi

of criminals. This new technology can in this way serve an

especially important role in protecting our homeland from terrorist attack, as shown by the fact that

many of the devices that are now or soon will be in operation in this State were purchased with

homeland security grant monies.

While license plate recognition technology can help to protect public safety, the widespread

deployment and use of ALPRs, and especially the collection and storage of data pertaining to

individuals who are not reasonably believed to be involved in unlawful activity, raise legal and

policy issues. Notably, the New Jersey Supreme Court has held that while police are permitted to

"run the plates" of any vehicle they encounter while on patrol, and need not have a particularized

reason before checking a vehicle’s license plates against a government database, police in this State

may not as a result of any such lookup be shown personal identifying information about a motorist

unless there is a particularized basis for further police action.

See State v. Donis,

157 N.J. 44 (1998).

The Guidelines attached hereto are designed to protect the legitimate privacy interests of motorists

by implementing the non-disclosure rule established in

Donis

and by adapting the

Donis

Court’s

rationale to the context and capabilities of ALPR technology.

Recognizing that our experience with this new and evolving technology is limited, and that

we still have much to learn about how best to incorporate these devices into our arsenal of

investigative techniques, it is appropriate for me as the State’s chief law enforcement officer to issue

uniform statewide guidelines to ensure that ALPRs are used only for

bonafide

law enforcement

purposes, and that the data collected by these devices are used in accordance with substantive

standards and procedural safeguards that appropriately balance the need for law enforcement

agencies to prevent and respond to terrorism and other forms of crime against the legitimate privacy

interests of persons operating motor vehicles on the roadways of this State.

THEREFORE, I, Paula Dow, Attorney General of the State of New Jersey, pursuant to the

authority granted to me by the Constitution of the State of New Jersey and by the Criminal Justice

Act of 1970,

N.J.S.A.

52:17B-97

et seq.,

and in consultation with the Director of the New Jersey

Office of Homeland Security and Preparedness, hereby Direct the following:

Adoption of Guidelines

The "Attorney General Guidelines for the Use of Automated License Plate Readers

and Stored ALPR Data"

(dated December 3, 2010) attached to this Directive and

incorporated by reference into this Directive are hereby adopted and shall be

followed and enforced by all law enforcement agencies and officers operating under

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the authority of the laws of the State of New Jersey.

Implementation

Every law enforcement agency operating under the authority of the laws of the State

of New Jersey that possesses or uses one or more automated license plate readers

shall, within 45 days of the issuance of this Directive, promulgate and enforce a rule,

regulation, standard operating procedure, directive, or order, in a form as may be

appropriate given the customs and practices of the agency, which shall comply with

and implement the provisions of the attached Guidelines, and which shall provide

that any sworn officer or civilian employee of the agency who knowingly violates the

agency’s rule, regulation, standard operating procedure, directive, or order shall be

subject to discipline. A law enforcement agency operating under the authority of the

laws of the State of New Jersey that purchases an automated license plate reader on

or after the effective date of this Directive shall not operate the device without having

promulgated a rule, regulation, standing operating procedure, directive, or order in

accordance with this section.

The provisions of this Directive and of the attached Guidelines pertaining to stored

ALPR data apply to all law enforcement agencies operating under the authority of the

laws of

~the

State of New Jersey that access or use stored ALPR data, even if the

agency does not own or operate an ALPR.

Questions and Controversies

All questions concerning the interpretation, implementation, or enforcement of this

Directive, or of the attached Guidelines, shall be addressed to the Attorney General

or his or her designee.

Periodic Review

The Director of the Division of Criminal Justice, in consultation with the

Superintendent of the New Jersey State Police, the Director of the Office of

Homeland Security, the County Prosecutors, the County Sheriffs, and the New Jersey

Association of Chiefs of Police, shall, within one year of the effective date of this

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Directive, report to the Attorney General on the implementation of this Directive, and

on any recommendations for revising the attached Guidelines.

Effective Date

This Directive shall take effect 45 days after it is issued in order to provide an

opportunity for law enforcement agencies to comply with its requirements and to

establish and enforce policies and procedures consistent with the attached Guidelines.

Once effective, this Directive shall remain in force and effect unless and until a

repealed, amended, or superseded by Order of the Attorney General.

Paula T. Dow

Attorney General

Attest:

Counsel to the Attorney General

Issued on: December 3, 2010

Effective on : January 18, 2011

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ATTORNEY GENERAL GUIDELINES FOR THE USE OF AUTOMATED LICENSE

PLATE READERS (ALPRs) AND STORED ALPR DATA

(Issued December 3, 2010; Effective January 18, 2011)

PURPOSE AND SCOPE

1.1

Reasons for Promulgating Uniform Statewide Guidelines

The purpose of these Guidelines is to provide direction to law enforcement agencies and

officers on the appropriate us e of Automated License Plate Readers (ALPRs) and the data that are

collected by these devices and stored for future law enforcement use. These Guidelines are not

intended to serve as a comprehensive operational manual. Rather, they are meant to ensure that

ALPRs and ALPR-generated data are used in an appropriate manner and only for

bonafide

public

safety purposes.

The following Guidelines, which are promulgated pursuant to Attorney General Law

Enforcement Directive 2010-5, should be interpreted and applied so as to achieve the following

objectives:

to ensure that "BOLO lists" (the compilation of targeted license plates that an ALPR

is "on the lookout" for) that are programmed into the internal memory of an ALPR

or that are compared against stored ALPR data are comprised only of license plates

that are associated with specific vehicles or persons for which or whom there is a

legitimate and documented law enforcement reason to identify and locate, or for

which there is a legitimate and documented law enforcement reason to determine the

subject vehicle’s past location(s) through the analysis of stored ALPR data;

to ensure that data that are captured by an ALPR can only be accessed by appropriate

law enforcement personnel and can only be used for legitimate, specified, and

documented law enforcement purposes;

to permit a thorough analysis of stored ALPR data to detect crime and protect the

homeland from terrorist attack while safeguarding the personal privacy rights of

motorists by ensuring that the analysis of stored ALPR data is not used as a means

to disclose personal identifying information about an individual unless there is a

legitimate and documented law enforcement reason for disclosing such personal

information to a law enforcement officer or civilian crime analyst; and

to ensure that stored ALPR data are purged after a reasonable period of time so as to

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minimize the potential for misuse or accidental disclosure.

1.2

Applicabili _ty of Guidelines

These Guidelines apply to all law enforcement agencies that operate under the authority of

the laws of the State of New Jersey that own or operate one or more ALPRs, that collect and

maintain ALPR data, and/or that receive or are provided access to ALPR data collected by another

agency.

1.3

Non-Enforceability_ of Rights by Third Parties

These Guidelines are issued pursuant to the Attorney General’s authority under the Criminal

Justice Act of 1970, N.J.S.A. 52:17B-97

et seq.,

to ensure the uniform and efficient enforcement of

the laws. These Guidelines impose limitations on the exercise of law enforcement discretion and

the use of and access to ALPR-related data that may extend beyond the requirements of the United

States and New Jersey Constitutions, and federal and state statutory law. Nothing in these

Guidelines should be construed in any way to create any rights beyond those established under the

Constitutions, statutes, and regulations of the United States and the State of New Jersey. The

provisions of these Guidelines are intended to be implemented and enforced by law enforcement

agencies that possess or use ALPRs, the New Jersey Office of Homeland Security and Preparedness,

the County Prosecutors, and the Department of Law and Public Safety, and these provisions do not

create any rights that may be enforced by any other persons or entities.

DEFINITIONS

As used in these Guidelines:

"Automated License Plate Reader" or "ALPR" means a system consisting of a camera, or

cameras, and related equipment that automatically and without direct human control locates, focuses

on, and photographs license plates and vehicles that come into range of the device, that automatically

converts digital photographic images of scanned license plates into electronic text documents, that

is capable of comparing scanned license plate text data with data files for vehicles on a BOLO (be

on the lookout) list programmed into the device’s electronic memory, and that notifies police,

whether by an audible alert or by other means, when a scanned license plate matches the license plate

on the programmed BOLO list. The term includes both devices that are placed at a stationary

location (whether permanently mounted, or portable devices positioned at a stationary location) and

mobile devices affixed to a police vehicle and capable of operating while the vehicle is in motion.

"BOLO (Be on the Lookout)" or "BOLO situation" refers to a determination by a law

enforcement agency that there is a legitimate and specific law enforcement reason to identify or

locate a particular vehicle, or, in the case of a post-scan BOLO, there is a legitimate and specific

reason to ascertain the past location(s) of a particular vehicle.

"BOLO list," sometimes referred to colloquially as a "hot list," is a compilation of one or

more license plates, or partial license plates, of a vehicle or vehicles for which a BOLO situation

exists that is programmed into an ALPR so that the device will alert if it captures the image of a

license plate that matches a license plate included on the BOLO list. The term also includes a

compilation of one or more license plates, or partial license plates, that is compared against stored

license plate data that had previously been scanned and collected by an ALPR, including scanned

license plate data that is stored in a separate data storage device or system.

"Initial BOLO list" refers to the BOLO list that was programmed into an ALPR at the time

that the device was being used to scan license plates in the field.

"Post-Scan BOLO list" refers to a BOLO list that is compared against stored data collected

by an ALPR, including scanned license plate data that has been transmitted to another device or data

storage system.

"Stored data" refers to all information captured by an ALPR and stored in the device’s

memory or in a separate data storage device or system. The term includes the recorded image of a

scanned license plate and optical character recognition data, a contextual photo (i. e:, a photo of the

scanned vehicle and/or occupants), global positioning system("GPS") data (when the ALPR is

equipped with a GPS receiver) or other location information, and the date and time of the scan. The

term applies to both alert data and non-alert data that has been captured and stored by an ALPR or

in a separate data storage device or system.

"Alert data" means information captured by an ALPR relating to a license plate that matches

the license plate on an initia[~BOLO list or a post-scan BOLO list.

"Immediate alert" refers to an alert that occurs when a scanned license plate matches the

license plate on an initial BOLO list and that is reported to the officer operating the ALPR, by means

of an audible alarm or by any other means, at or about the time that the subject vehicle was

encountered by the ALPR and its license plate was scanned by the ALPR.

"Non-encounter alert" refers to an immediate alert where the officer operating the ALPR is

instructed to notify the agency that put out the BOLO without initiating an investigative detention

of the subject vehicle or otherwise revealing to the occupant(s) of that vehicle that its location has

been detected or that it isthe subject of law enforcement attention

(e.g.,

a Violent Gang or Terrorist

Organization File (VGTOF) alert).

"Personal identifying information" means information that identifies one or more specific

individuals, including an individual’s name, address, social security number, vehicle operator’s

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license number, or biometric records. The term includes personal identifying information that is

included within the data comprising a BOLO list, as well as personal identifying information that

is learned by checking a license plate scanned by an ALPR against the Motor Vehicle Commission

database or any other data system that contains personal identifying information.

"Scan" refers to the process by which an ALPR automatically focuses on, photographs, and

converts to digital text the license plate of a vehicle that comes within range of the ALPR.

"Authorized user"means a sworn or civilian employee of a law enforcement agency who has

been authorized by the chief of the agency, or by the Attorney General or a county prosecutor or his

or her designee, to operate an ALPR, or to access and use ALPR stored data, and who has

successfully completed training provided by the agency on the agency’s ALPR policy and on these

Guidelines.

"Designated supervisor" means a superior officer assigned by the chiefofa law enforcement

agency to oversee and administer, or to assist in overseeing and administering, the agency’s use of

ALPRs and stored ALPR data. A law enforcement agency may have more than one designated

supervisor.

"Chief" of a department or agency means the highest ranking sworn officer of a law

enforcement agency.

"Post-Scan BOLO query" refers to the process of comparing a post-scan BOLO list against

stored ALPR data.

"Crime scene query" refers to the process of accessing and reviewing stored ALPR data that

had been originally scanned at or about the time and in the vicinity of a reported criminal event for

the purpose of identifying vehicles or persons that might be associated with that specific criminal

event as suspects, witnesses, or victims.

"Criminal event" means a specific incident, or series of related specific incidents, that would

constitute an indictable crime under the laws of the State of New Jersey, whether or not the

incident(s) have occurred or will occur within the State of New Jersey. The term includes an

attempt or conspiracy to commit a crime, or actions taken in preparation for the commission of the

crime, such as conducting a surveillance of the location to identify and evade or thwart security

measures, or conducting a rehearsal of a planned crime. The term includes two or more separate

criminal acts or episodes that are linked by common participants or that are reasonably believed to

have been undertaken by a criminal organization or as part of an ongoing conspiracy.

"Crime trend analysis" refers to the analytical process by which stored ALPR data is used,

whether alone or in conjunction with other sources of information, to detect crime patterns by

studying and linking common elements of recurring crimes; to predict when and where future crimes

may occur; and to link specific vehicles to potential criminal or terrorist activity. The term includes

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an automated process in which a computer program analyzes stored data to identify potentially

suspicious activity or other anomalies involving one or more scanned vehicles and where such

automated analysis is done without disclosing personal identifying information about any individual

to an authorized user or any other person except as may be authorized_pursuant to Section 10.2.3 of

these Guidelines.

DEPLOYMENT OF ALPRS

4.1

Restricted Uses

An ALPR and data generated by an ALPR shall only be used for official and legitimate law

enforcement business.

4.2

ALPR Scanning Limited to Vehicles Exposed to Public View

An ALPR shall only be used to scan license plates of vehicles that are exposed to public view

(e.g.,

vehicles on a public road or street, or that are on private property but whose license plate(s)

are visible from a public road, street, or a place to which members of the public have access, such

as the parking lot of a shopping mall or other business establishment).

4.3

Supervisory_ Approval of All ALPR Deployments

An ALPR shall not be deployed in the field unless the deployment has been authorized by

the chief of the department or a designated supervisor, or by the Attorney General or designee or

a county prosecutor or designee. Such authorization may be given for repeated or continuous

deployment of an ALPR

(e.g.,

mounting the device on a particular police vehicle, or positioning the

ALPR at a specific stationary location), in which event the deployment authorization shall remain

in force and effect unless and until rescinded or modified by the chief or designated supervisor, or

the Attorney General or county prosecutor or designee.

4.4

Trained Operators and Analysts

A sworn officer or civilian employee of the department may operate an ALPR or access or

use ALPR stored data only if the person has been designated as an authorized user by the chief of

the department, or by the Attorney General or designee or a county prosecutor or designee, and has

received training from the department on the proper use and operation of ALPRs, the requirements

of Attorney General Law Enforcement Directive 2010-5, and these Guidelines, and any policies and

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procedures goveming the use of ALPRs and ALPR data issued by the department pursuant to

Attorney General Directive 2010-5and Section 14 of these Guidelines.

MAINTENANCE OF RECORDS

5.1

Records Documenting the Deployment of ALPRs

Each department that owns or operates an ALPR shall maintain a written or electronic record

that documents the following information:

date and time when the ALPR was deployed;

whether the ALPR was mobile, or was stationed at a fixed specified location;

the identity of the operator;

whether ALPR data was transferred to any other database or data storage device or system.

5.2

Records Documenting the Use of Stored ALPR Data

Each department that stores ALPR data shall maintain a record of all access to stored ALPR

data. The department’s ALPR data record keeping system, which may be automated, shall document

the following information:

the date and time of access, and, in the case of access to stored non-alert data, the type of

access authorized by Section 10.2 of these Guidelines (i. e., post-scan BOLO query, crime

scene query, or crime trend analysis);

the authorized user who accessed the stored data;

whether an automated software program was used to analyze stored data;

the designated supervisor who reviewed and approved any disclosure of personal identifying

information based upon crime trend analysis when such approval is required by Section

10.2.3 of these Guidelines;

the designated supervisor who approved any use of an automated crime trend analysis

computer program that would automatically alert and disclose personal identifying

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information in accordance with Section 10.2.3;

any other information required to be documented pursuant to Section 10.2 or any other

provision of these Guidelines.

5.3

Maintenance of Records

All written or electronic records of ALPR activity and access to ALPR data shall be

maintained by the department for a period of five years, and shall be kept in a manner that makes

such records readily accessible to any person authorized by these Guidelines to audit the

department’s use of ALPRs and ALPR-generated data. When a department employs an automated

system to record any information that is required to be documented pursuant to these Guidelines, it

shall not be necessary for the department to maintain duplicate records of any events or transactions

that are documented by the automated record-keeping system.

CONTENT AND APPROVAL OF BOLO LISTS

6.1

Criteria for and Examples of Legitimate BOLO Situations

A license plate number or partial license plate number shall not be included in an ALPR

initial BOLO list unless there is a legitimate and specific law enforcement reason to identify or locate

that particular vehicle, or any person or persons who are reasonably believed to be associated with

that vehicle. A license plate or partial license plate number shall not be included in a Post-Scan

BOLO list unless there is a legitimate and specific law enforcement reason to ascertain the past

locations(s) of that particular vehicle, or of any person or persons who are reasonably believed to be

associated with that vehicle.

Examples of legitimate and specific reasons include, but are not limited to: persons who are

subject to an outstanding arrest warrant; missing persons; AMBER Alerts; stolen vehicles; vehicles

that are reasonably believed to be involved in the commission of a crime or disorderly persons

offense; vehicles that are registered to or are reasonably believed to be operated by persons who do

not have a valid operator’s license or who are on the revoked or suspended list; vehicles with expired

registrations or other Title 39 violations; persons who are subject to a restraining order or curfew

issued by a court or by the Parole Board, or who are subject to any other duly issued order restricting

their movements; persons wanted by a law enforcement agency who are of interest in a specific

investigation, whether or not such persons are themselves suspected of criminal activity; and persons

who are on any watch list issued by a State or federal agency responsible for homeland security.

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6.2

Batch Downloading of BOLO List Data

BOLO list information may be downloaded in batch form from other databases, including

but not limited to the National Crime Information Center (NCIC), National Insurance Crime Bureau,

United States Department of Homeland Security, and Motor Vehicle Commission database.

6.3

Updates to BOLO Lists

An initial BOLO list may be revised at any time. In the event that an initial BOLO list is

constructed, in whole or in part, with sets of data downloaded from another database, so as to

account for any changes that may have been made in the data maintained in those other databases,

updates to the initial BOLO list shall, in the case of a mobile unit attached to a police vehicle, be

made at the start of each shift, and in the case of an ALPR positioned at a stationary location, be

made as frequently as is practicable, and on not less than a daily basis. Information concerning any

license plate that is referenced in an AMBER Alert activated by the New Jersey State Police shall

be added to the initial BOLO list as expeditiously as possible, and shall remain in the initial BOLO

list until the AMBER Alert expires or is withdrawn.

6.4

Special Instructions for Immediate Alert Response

When practicable, the reason for placing a vehicle on BOLO list shall be included with the

BOLO and shall be disclosed to the officer who will react to an immediate alert. If for any reason

an officer reacting to an immediate alert should not initiate an investigative detention

(e.g.,

where

the license plate was included in the BOLO list because the department or any other agency wanted

to be notified of the location of the subject vehicle without alerting the driver/occupants that they

are the subject of law enforcement attention, such as in the case of Violent Gang or Terrorist

Organization File (VGTOF) alert), to the extent feasible, the information attached to the license plate

on the BOLO list shall be entered in such a way as to cause the ALPR to clearly designate an

immediate alert as a "non-encounter" alert, and shall provide specific instructions to the officer as

to who to notify of the alert.

See

Section 7,

infra.

POLICE ACTIONS IN RESPONSE TO AN IMMEDIATE

ALERT

When an officer operating a vehicle equipped with an ALPR receives an immediate alert, the

officer shall take such action in response to the alert as is appropriate in the circumstances. An

officer alerted to the fact that an observed motor vehicle’s license plate is on the BOLO list may be

required to make a reasonable effort to confirm that a wanted person is actually in the vehicle before

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the officer would have a lawful basis to stop the vehicle.

See State v. Parks,

288

N.J. Super.

407

(App. Div. 1996) (police do not have reasonable suspicion to justify a stop based on a computer

check that shows that the operator’s license of the registered owner of the vehicle is suspended

unless the driver generally matches the owner’s physical description

(e.g.,

age and gender)).

An officer reacting to an immediate alert shall consult the database to determine the reason

why the vehicle had been placed on the BOLO list and whether the alert has been designated as a

non-encounter alert. In the event of a non-encounter alert, the officer shall follow any instructions

included in the alert for notifying the law enforcement or homeland security agency that had put out

the BOLO. Se__ge Section 6.4, su_9_p_~_.

SECURITY OF

STORED ALPR

DATA

8.1

Physical Security and Limited Access

All ALPR stored data shall be kept in a secure data storage system with access restricted to

authorized persons. Access to this stored data shall be limited to the purposes described ih Section

10 of these Guidelines.

8.2

Differentiation of Stored Positive Alert Data From Non-Alert Data

Stored ALPR data shall be maintained electronically in such a manner as to distinguish alert

data from non-alert data so as to ensure that access to and use of non-alert data and any disclosure

of personal identifying information resulting from the analysis of non-alert data occurs only as may

be authorized pursuant to section 10.2 of these Guidelines. Positive alert data may, as appropriate,

be transferred to the appropriate active investigation file,

see

also Section 10.1, infra, and may as

appropriate be placed into evidence in accordance with the department’s evidence or records

management procedures.

RETENTION PERIOD AND PURGING OF STORED DATA

Each law enforcement agency shall, pursuant to the provisions of Section 14 of these

Guidelines, establish and enforce procedures for the retention and purging of stored ALPR data in

accordance with this Section. ALPR stored data shall be retained for a period of five years, after

which, the data shall be purged from the agency’s data storage device or system. A law enforcement

agency may purge ALPR data before the expiration of the five-year retention period only if the data

has been transferred to the State Police Regional Operations Intelligence Center (R.O.I.C.)or any

other system that aggregates and stores data collected by two or more law enforcement agencies in

accordance with the provisions of these Guidelines. Any ALPR data transferred to another agency

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shall indicate the date on which the data had been collected by the ALPR so that the receiving agency

may comply with the five-year retention and purging schedule established in this Section.

See also

Section 11.1 and 11.2,

infra.

10.

LIMITATIONS ON ACCESS TO AND USE OF STORED ALPR DATA

10.1

Access to Positive Alert Data

An authorized user may access and use stored ALPR alert data as part of an active

investigation or for any other legitimate law enforcement purpose, including but not limited to a

post-scan BOLO query, a crime scene query, or crime trend analysis. A record shall be made of

the access to the data, which may be an automated record, that documents the date of access, and the

identity of the authorized user. An authorized user need not obtain approval from the chief or

designated supervisor, or Attorney General or county prosecutor or designee, for each occasion on

which he or she accesses and uses stored ALPR data. Once positive alert data has been accessed

and transferred to an investigation file, it shall not be necessary thereafter to document further access

or use of that data pursuant to these Guidelines.

10.2

Access to Non-Alert Data

Access to and use of stored non-alert ALPR data is limited to the following three purposes:

a post-scan BOLO query, a crime-scene query, and crime trend analysis. An authorized user does

not need to obtain approval from the chief or a designated supervisor, or Attorney General or county

prosecutor or designee, for each occasion on which he or she accesses and uses stored non-alert data

pursuant to this Section.

10.2.1

Post-Scan BOLO Query

A law enforcement agency is authorized to compare a post-scan BOLO list against stored

ALPR data where the results of the query might reasonably lead to the discovery of evidence or

information relevant to any active investigation or ongoing law enforcement operation, or where the

subject vehicle might be placed on an active initial BOLO list. (For example, a law enforcement

agency may review stored non-alert data to determine whether a specific vehicle was present at the

time and place where the ALPR data was initially scanned for the purpose of confirming or

dispelling an alibi defense, or to develop lead information for the purpose of locating a specified

vehicle or person. A law enforcement agency may also check stored data to determine whether a

vehicle that was only recently added to an initial BOLO list had been previously observed in the

jurisdiction before it had been placed on an initial BOLO list. )

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10.2.2

Crime Scene Query.

a. A law enforcement agency is authorized to access and use stored non-alert data where

such access might reasonably lead to the discovery of evidence or information relevant to the

investigation of a specific criminal event as defined in these Guidelines. Note that if the law

enforcement agency has reason to believe that a specific person or vehicle was at or near the location

of the specific crime at the time of its commission, non-alert stored data might also be examined

under the authority of Section 10.2.1 as part of post-scan BOLO query.

b. A crime scene query may not be conducted to review stored non-alert data based on

general crime patterns

(i. e., e.g.,

to identify persons traveling in or around a "high crime area"), but

rather is limited to situations involving specific criminal events as that term is defined in these

Guidelines.

c. The crime scene query of non-alert stored data shall be limited in scope to stored non-

alert data that is reasonably related to the specified criminal event, considering the date, time,

location, and nature of the specified criminal event. For example, a crime that reasonably involves

extensive planning and possible "rehearsals," such as a terrorist attack, would justify examining

stored non-alert data that had been scanned and collected days or even weeks or months before the

criminal event, and that may have been scanned at a substantial distance from the site of the crime

or intended crime

(e.g.,

at any point along a highway leading to the intended crime site). A

spontaneous crime, in contrast, might reasonably justify examination of stored non-alert data that

was scanned and collected on or about the time of and in closer physical proximity to the criminal

event.

d. The law enforcement agency shall document the specific crime or related crimes

constituting the criminal event and the date(s) and location(s) of the specific crime(s).

10.2.3

Crime Trend Analysis

a. A law enforcement agency may access and use stored non-alert data for purposes of

conducting crime trend analysis, as that term is defined in these Guidelines, when such access and

analysis is approved by a designated supervisor and where such analysis is undertaken to produce

analytical products that are intended to assist the agency in the performance of its duties. A

designated supervisor may authorize one or more authorized users to conduct a method or methods

of crime trend analysis on a repeated or continuous basis, in which event such authorization shall

remain in force and effect unless and until modified or rescinded by the supervisor. A designated

supervisor may also approve the use of an automated software program to analyze stored data to look

for potentially suspicious activity or other anomalies that might be consistent with criminal or

terrorist activity.

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b. Crime trend analysis of stored non-alert data, whether automated or done manually, shall

not result in the disclosure of personal identifying information to an authorized user or any other

person unless:

the agency can point to specific and articulable facts that warrant further

investigation of possible criminal or terrorist activity by the driver or

occupants of a specific vehicle

(i.e.,

unusual behavior consistent with the

modus operandi

of terrorists or other criminals), and access to the personal

identifying information based on those specific and articulable facts has been

approved by a designated supervisor. Such approval may be given by a

designated supervisor in advance when the crime trend analysis reveals the

existence of specified suspicious circumstances that would warrant further

investigation and that would justify disclosure of personal identifying

information to the authorized user conducting the analysis under the "specific

and articulable facts that warrant further investigation" standard of proof

established in this Section. The supervisor shall document any and all

specified suspicious circumstances for which disclosure of personal

identifying information is pre-approved if those suspicious circumstances are

revealed by authorized crime trend analysis. When an automated crime trend

analysis computer program is used, specified suspicious circumstances that

would warrant further investigation and that would justify disclosure of

personal identifying information to an authorized user under this Section may

also be pre-approved by a designated supervisor and built into the computer

program so that if the program identifies the existence of the pre-determined

suspicious circumstances, it will automatically alert the authorized user of the

suspicious activity and provide to him or her the relevant personal identifying

information in accordance with the "specific and articulable facts that warrant

further investigation"standard of proof established in this Section; or

Disclosure of personal identifying information concerning any vehicle plate

scanned by the ALPR is authorized by a grand jury subpoena.

c. Nothing in this Section shall be construed to prohibit a computer program from accessing

and comparing personal identifying information of one or more individuals who are associated with

a scanned vehicle as part of the process of analyzing stored non-alert data, provided that such

personal identifying information is not disclosed to a person unless the "specific and articulable

facts that warrant further investigation" standard is satisfied. The "specific and articulable facts that

warrant further investigation" standard set forth in this Section applies only to the crime trend

analysis of non-alert data, and nothing in this Section shall be construed to limit disclosure of

personal identifying information of a person who is the registered owner of a vehicle that is on an

initial or post-scan BOLO list (i. e., alert data).

d. For the purposes of this Section, the "specific and articulable facts that warrant further

investigation" standard required for the disclosure of personal identifying based upon crime trend

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analysis of stored non-alert data is intended to be comparable to the "specific and articulable facts

that warrant heightened caution" standard developed by the New Jersey Supreme Court in

State v.

Smith, 134

N.J.

599, 616-19 (1994) (establishing the level of individualized suspicion required

before an officer may order a passenger to exit a motor vehicle stopped for a traffic violation).

e. The law enforcement agency accessing stored non-alert ALPR data for purposes of

conducting crime trend analysis shall document: the nature and purpose of the crime trend analysis;

the persons who accessed stored non-alert ALPR data for use in conducting that analysis; and the

designated supervisor who approved access to ALPR non-alert data. In any instance where personal

identifying information is disclosed based upon crime trend analysis of stored non-alert data, the

agency shall document the specific and articulable facts that warrant further investigation and the

designated supervisor who reviewed those facts and approved the disclosure of personal identifying

information, or who pre-approved disclosure of personal identifying information based upon

specified circumstances identified by an automated crime trend analysis computer program, or,

where applicable, the fact that access to personal identifying information was authorized by a grand

jury subpoena.

11.

SHARED LAW ENFORCEMENT ACCESS TO STORED ALPR DATA

11.1

Authorization to Share and Aggregate Data

Any ALPR data that may in conformance with these Guidelines be accessed and used by the

law enforcement agency that collected the data may be shared with and provided to any other law

enforcement agency. Stored ALPR data may be combined with ALPR data collected by two or more

law enforcement agencies

(e.g.,

collection of stored data by the State Police Regional Operations

Intelligence Center), provided that such aggregated data shall only be retained, accessed, and used

in accordance with the provisions of these Guidelines.

11.2

Record of Shared Access and Responsibilities of the Receiving Agency

When ALPR data is made accessible to or otherwise shared with or transferred to another law

enforcement agency, the agency that collected the ALPR data shall document the identity of the

other agency and the specific officer(s) or civilian employee(s) of that agency who were provided

the information. When the transfer of stored ALPR data is done periodically as part of a system for

aggregating data collected by two or more law enforcement agencies (e.g., the scheduled and routine

transmittal of data to the State Police Regional Operations Intelligence Center), each agency

contributing data to the combined database shall maintain a record of the data transfer, which may

be an automated record, and shall have and keep on file a memorandum of understanding or

agreement or other memorialization of the arrangement for maintaining and populating a database

comprised of stored ALPR data collected by multiple law enforcement agencies. Any agency

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provided with access to or use of the ALPR data collected by another agency shall comply with all

applicable provisions of these Guidelines concerning stored ALPR data and disclosure of personal

identifying information.

13.

RELEASE OF ALPR DATA TO NON-LAW ENFORCEMENT PERSONS OR

AGENCIES

Stored ALPR data shall be treated as "criminal investigatory records" within the meaning of

N.J.S.A.

47:1A-1

et seq.,

and shall not be shared with or provided to any person, entity, or

government agency, other than a law enforcement agency, unless such disclosure is authorized by

a subpoena or court order, or unless such disclosure is required by the Rules of Court governing

discovery in criminal matters. Any agency receiving a subpoena or court order for the disclosure

of ALPR data shall, before complying with the subpoena or court order, provide notice to the County

Prosecutor, or to the Division of Criminal Justice in the case of any state-level law enforcement

agency.

14.

PROMULGATION AND ENFORCEMENT OF DEPARTMENTAL POLICIES

14.1

Required Contents of Departmental Policies

Pursuant to the requirements of Attorney General Law Enforcement Directive 2010-5, every

law enforcement agency that possesses or uses an ALPR must promulgate and enforce a rule,

regulation, standing operating procedure, directive, or order that establishes a comprehensive policy

governing the operation of ALPRs, and governing access to, use, and retention of all stored ALPR

data. The ALPR policy promulgated by the department must be consistent with the standards and

procedural safeguards established in these Guidelines, and each ALPR policy must include the

following provisions:

a. The ALPR policy shall provide that the chief of the department will designate one or

more superior officers to oversee and administer the agency’s ALPR program. These

designated supervisors will be authorized to: provide or oversee the training of all officers

and civilian employees who are authorized to operate an ALPR or to access or use ALPR

stored data; review and approve requests to access and use stored ALPR data to conduct

crime trend analysis and/or to access personal identifying information based upon crime

trend analysis; and generally to ensure compliance with the department’s ALPR policy and

these Guidelines.

b. The ALPR policy shall provide that the chief of the department shall designate all

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authorized users, and that no officer or civilian employee will be authorized to operate an

ALPR, or to access or use ALPR stored data, unless the officer or civilian employee has

received training by the department on the proper operation of these devices, and on the

provisions of the department’s ALPR policy and these Guidelines.

c. The ALPR policy shall implement and enforce the five-years retention period for ALPR

stored data established in Section 9 of these Guidelines, and must provide for the purging of

all ALPR stored data at the expiration of the five-year term.

d. The ALPR policy shall provide for the documentation of all ALPR-related activities and

decisions that are required to be documented by Section 5 or any other provision of these

Guidelines, which may be done by an automated record-keeping system~ and shall provide

that such records documenting the use of ALPRs and ALPR stored data shall be maintained

for 5 years and shall be kept in a place and in a manner as to facilitate a review and audit of

the department’s ALPR program by the County Prosecutor or by the Attorney General or his

or her designee.

e. The ALPR policy shall provide that any sworn officer or civilian employee of the agency

who knowingly violates the agency’s policy, or these Guidelines, shall be subject to

discipline.

f. The ALPR policy shall provide that all significant violations of the agency’s policy, or

of these Guidelines, including but not limited to all instances involving the unauthorized

access or use of ALPR stored data, must be reported to the County Prosecutor, or to the

Director of the Division of Criminal Justice in cases involving a state-level agency, upon

discovery of the violation. Unless the County Prosecutor or Director elects to conduct or

oversee the investigation of the violation, such notification of the violation shall be followed

up with a report, approved by the chief of the department, explaining to the County

Prosecutor, or to the Director, the circumstances of the violation, and the steps that are being

taken to prevent future similar violations.

14.2

Notice of ALPR Policies and Revisions Provided to County Prosecutors or the Division of

Criminal Justice

The chief of the department shall provide a copy of the agency’s written ALPR policy to the

County Prosecutor, or to the Division of Criminal Justice in the case of a state-level agency, at or

before the time of promulgation, and shall provide to the County Prosecutor, or to the Division,

copies of any amendments or revisions to the agency’s ALPR policy at or before the time that such

amendments take effect.

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15.

ALPR PROGRAM ACCOUNTABILITY

15.1

ALPR Program Audits

All ALPR records documenting the use of an ALPR, or access to or use of ALPR stored data,

whether kept manually or by means of an automated record-keeping system, shall be subject to

review and audit by the County Prosecutor, or by the Attorney General or his or her designee.

15.2

Handling of Complaints

Any complaints about a department’s ALPR program made by any citizen or entity shall be

forwarded to the appropriate County Prosecutor, or to the Director of the Division of Criminal

Justice in the case of a State-level agency, for appropriate review and handling. The County

Prosecutor, or Director, may conduct an investigation, or may direct the agency that is the subject

of the complaint to conduct an investigation and to report back to the County Prosecutor or Director.

16,

SANCTIONS FOR NON-COMPLIANCE

If the Attorney General or his or her designee has reason to believe that a law enforcement

agency or officer or civilian employee is not complying with or adequately enforcing the provisions

of these Guidelines, the Attorney General may temporarily or permanently suspend or revoke the

authority of the department, or any officer or civilian employee, to operate an ALPR, or to gain

access to or use ALPR stored data. The Attorney General or her designee may initiate disciplinary

proceedings, and may take such other actions as the Attorney General in his or her sole discretion

deems appropriate to ensure compliance with these Guidelines.

17.

AUTHORITY OF ATTORNEY GENERAL TO GRANT EXEMPTIONS OR

SPECIAL USE AUTHORIZATIONS

ALPRs, and all ALPR stored data, shall only be used and accessed for the purposes and in

the manner authorized by these Guidelines. In recognition of the need to be able to address issues

or circumstances that are not contemplated by these Guidelines, the Attorney General or his or her

designee may grant an exemption from any provision of these Guidelines, and may authorize the

specific use of an ALPR, or the data collected by or derived from an ALPR, that is not expressly

authorized by these Guidelines. Any request by a department to use an ALPR or ALPR-generated

data for a purpose or in a manner not authorized by these Guidelines shall be made to the Attorney

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General or his or her designee through the Director of the Division of Criminal Justice or his or her

designee, who shall make recommendations on whether to grant the agency’s specific request for an

exemption or special authorization. Such requests shall be made in writing unless the circumstances

are exigent, in which event the request by the agency and approval or denial by the Attorney General

or his or her designee may be given orally, in which event the circumstances of the request and the

approval or denial shall be memorialized in writing as soon thereafter as is practicable.

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