Sunday , November 19 2017
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Big Brother is Watching You – and He Doesn’t Need a Warrant

Atlanta, GA — Little Rock, Arkansas may not be a likely terrorism target or a gang crime hotspot, but the Arkansas capital has decided to follow the example of high-security cities by expanding electronic surveillance of its streets.

A police car with a device that photographs license plates moves through the city and scans the traffic on the streets, relaying the data it collects to a computer for sifting. Police say the surveillance helps identify stolen cars and drivers with outstanding arrest warrants.

It also allows authorities to monitor where average citizens might be at any particular time. That bothers some residents, as well as groups that oppose public intrusions into individual privacy. The groups are becoming more alarmed about license plate tracking as a growing number of police departments acquire the technology.

Though authorities in Washington, D.C., London and Chicago conduct extensive electronic surveillance of public areas to detect security threats or deter gang crime, “Today, increasingly, even towns without stoplights have license plate readers,” said Catherine Crump, a New York-based staff attorney with the American Civil Liberties Union. Police Departments in Georgia, including metro Atlanta have begun to evaluate the use of license plate readers.

In Little Rock, even some city officials wonder about keeping data on drivers’ movements.

“It bothered me particularly if someone wasn’t guilty of a crime or didn’t have any active warrants or hadn’t committed a crime,” city director Ken Richardson said.

However, Little Rock Police Chief Stuart Thomas said the law enforcement benefits outweigh any concerns about possible abuse of the information, which, as a public record, is legally available for anyone to see. He said the department may get more of the devices.

“Should that potential of misuse therefore eliminate the capacity of law enforcement to collect data which has a legitimate purpose for the safety of our officers or the appropriateness of enforcement actions? I don’t think so,” he said.

Little Rock police bought the tracker last year for about $14,000, as interest in the technology began spreading in law enforcement circles. The purchase didn’t require city council approval and didn’t attract much attention in town.

“There was no public notice or anything,” police spokeswoman Sgt. Cassandra Davis said.

Richardson said he didn’t hear about the device until after it had been collecting data for months. He said he said he hasn’t heard many complaints.

“It’s hard for you to have a problem with something if you don’t know it’s going on,” he said.

Many Little Rock residents apparently still haven’t heard about the surveillance. Angel Weston, 45, said she’s glad to hear that police are looking for stolen cars and people with warrants but wondered about keeping logs of citizens’ movements.

“I don’t feel like they should keep the data for six or 12 months,” Weston said.

Lawmakers in several states, including Minnesota and Utah, have suggested setting a time limit for their departments, but Little Rock has no policy yet. The department now has a growing archive of license plate photos, along with time stamps and the locations, showing where motorists were at certain times.

Privacy advocates worry about the potential uses for such outside law enforcement, from snooping by stalkers and private investigators to businesses that sell personal data.

“Given how few rules are currently on the books to protect our privacy, it’s plausible that private investigators and data-mining companies could acquire this location data,” Crump said. So far, the organization has requested more information from government agencies, but hasn’t filed any lawsuits, Crump said.

Little Rock’s license plate reader is mounted in Officer Grant Humphries’ patrol car. He said it’s led to dozens of arrests and the recovery of a number of stolen vehicles and vehicles and license plates, although the exact number isn’t known.

As Humphries drives around town, a laptop processes the license plate numbers being photographed and emits a sound and flashes red when it finds a match.

On a recent drive, Humphries fell in behind an SUV and pulled it over after the laptop went off.

Moments later, he and another officer arrested passenger Montague Martin, who was wanted on outstanding warrants.

As he sat handcuffed in the back of the patrol car, Martin said he thought the license plate reader was a good idea.

“I’m not mad at what they’re doing,” Martin said before Humphries drove him to jail. “They’re doing their job. I just didn’t pay my ticket on time.”

In Georgia, there are systems in place where the police can check your registration and whether you have valid insurance on your vehicle – all without stopping to ask.  Perhaps it is a gateway to the introduction of this type of technology.  It will not be long before DUI task force officers use the technology to find any excuse to pullover a driver to investigate them for DUI.  Imagine – not having to actually observe whether a person is safe to drive and still being able to perform your duties as a DUI task force officer.  You could just drive around the parking lot of a local watering hole and wait for anyone to come out and get in a car that you received a “hit” on.  Big Borther is watching you – and he no longer needs a warrant.

About Mike Hawkins

Mike Hawkins
ATTORNEY MICHAEL HAWKINS is one of only four lawyers in Georgia who has been recognized by the American Bar Association as Board Certified in DUI Defense. Hawkins is listed among the Best Lawyers in America in DUI Defense and has been named a Super Lawyer in Atlanta Magazine for the last 9 years. The Hawkins Law Firm handles only contested DUI charges. They have the experience, skills and commitment to make a difference for their clients and their proactive approach to fighting DUI cases has proven successful. The reputation of your lawyer can make a difference in the outcome of your case. After 20 years of practice, Mike and his staff have developed strong working relationships with judges and court staff, and with prosecutors and their staff. Mike is a graduate of Emory University School of Law and is a former DUI prosecutor in metro Atlanta. He is recognized nationally and has been invited to teach DUI Defense seminars all over a dozen states. His goal is simple – to work hard towards keeping a DUI off your record. Most of the clients that the Hawkins Law Firm assists are professionals who want to protect their record and keep their drivers license. If you or someone you know has a DUI charge and needs a lawyer who works hard to achieve positive results, call the Hawkins Law Firm.

If you would like to contact the author, please visit: http://www.hawkinsduilaw.com


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