Loading...
HomeMy WebLinkAbout8.2 Technological Resources to Assist Policeor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL April 19, 2016 Honorable Mayor and City Councilmembers CITY CLERK File #580 -25 Christopher L. Foss, City Manager " Overview of Available Technological Resources to Assist Police in Enforcement and Investigations Prepared by Nate Schmidt, Lieutenant, Dublin Police Services EXECUTIVE SUMMARY: The City Council will receive a report on available technological resources which Dublin Police Services could utilize to enhance enforcement and investigations. The resources include Automated License Plate Readers (ALPRs), as well as high- definition cameras at key points throughout the City. FINANCIAL IMPACT: The financial impact will be determined following the direction provided by the City Council as to which resources would best meet the needs of the City. As technology purchases are one -time in nature, Staff would propose to use the General Fund Reserve for Innovations and New Opportunities (current balance $1.4 million) as a funding source for the equipment. RECOMMENDATION: Staff recommends that the City Council receive the report and provide Staff with direction relative to the possible acquisition of new technology to assist Dublin Police Services. fir ✓, Submi tied) B Reviewed By Dublin Police Chief Assistant City Manager DESCRIPTION: The use of technology in law enforcement in the form of ALPR's and high resolution cameras is on the rise. ALPR technology, also called Automatic Number Plate Recognition Technology, dates back to 1976, but has become much more accurate, reliable, and relevant in recent years. The technology uses optical character recognition on images to read vehicle registration plates, and often utilizes cameras with infrared lighting so the characters on the license plates can be recognized in different types of lighting. Once the license plate image is captured it is stored and categorized by timestamp and location of the obtained image. The technology has the ability to automatically run license plates through law enforcement databases to determine if the Page 1 of 5 ITEM NO. 8.2 vehicle is stolen, and whether there is a subject associated to the vehicle that has an arrest warrant or is on probation. Once the system locates any of these data points, it automatically notifies the officer(s) who can take the appropriate action. Because the images are stored for a period of time, this technology has proven to be a beneficial tool for investigators who can use the database to identify potential suspect vehicles in certain areas during the same time that crime occurs. The ALPR information can be stored and retained within the agency that obtained the images, via a computer server or cloud -based storage system, and it can be shared with the law enforcement community through a central database. Currently, the Northern California Regional Intelligence Center (NCRIC) maintains a database of license plate images which have been collected by ALPR's throughout Northern California. Staff has found this database to be extremely helpful in numerous investigations. As technology has progressed, so have the different applications for ALPR's. The mobile application mounts cameras on law enforcement vehicles, and as the vehicles move, the cameras collect data and provide the officer with real -time updates via software on the computer in the vehicle. If alerted, the officer can take appropriate action. If there are no alerts, the data being collected is stored and can be accessed for investigation purposes at a later time. Another option for license plate reader technology is fixed cameras. Fixed ALPR cameras offer the ability to strategically monitor and gather intelligence around a city. The cameras can be mounted at intersections, on light poles, buildings, and radar trailers, etc. The technology can notify officers of an alert on a license plate, and the data captured can also be stored and used for investigative purposes at a later time. Dublin Police Services (DPS) Staff contacted surrounding law enforcement agencies to determine if, and how, license plate reader technology was being utilized. The City of Livermore and Livermore Police Department are currently utilizing mobile license plate reader technology in eight police vehicles. These would be the mobile devices which would capture data as the officer is patrolling different areas. The Livermore City Council also recently approved funds to purchase four fixed cameras with license plate recognition. The Livermore Police Department is in the process of identifying the most advantageous locations to install these cameras. The City of Pleasanton and Pleasanton Police Department are currently utilizing mobile license plate reader technology in three of their vehicles. At this time, no fixed cameras have been obtained. The City of San Ramon and San Ramon Police Department are currently utilizing mobile license plate reader technology in four of their vehicles. They are also exploring the option of procuring fixed license plate readers and potentially supplementing this technology with high definition cameras. Due to license plate reader technology collecting personal information, DPS staff consulted with the City Attorney's Office to ensure this technology would not violate privacy laws, including Fourth Amendment provisions, or expose the city to any legal issues. Research of past case law (Katz v. United States (1967)) indicates that anyone can video record information exposed in a public space where the parties do not have a reasonable expectation of privacy. Specifically, the finding noted that what a person knowingly exposes to the public is not subject to Fourth Amendment protection. Subsequent cases on similar issues found this to hold true. There is no case law specifically addressing the legality of license plate reader technology, however, multiple courts have addressed the privacy issues relevant to license plates. The 9th Page 2 of 5 Circuit Court of Appeals has held that motorists have no reasonable expectation of privacy in the information contained in one's license plate when it is exposed to the public. In addition, the California Vehicle Code and Civil Code regulate the operation and use of license plate reader technology for law enforcement purposes. Existing law authorizes law enforcement agencies to retain license plate data captured by license plate readers for not more than 60 days, unless the data is being used as evidence or for the investigation of felonies (California Vehicle Code section 2413 (b)). Existing law also prohibits an agency from selling the data or making the data available to another agency that is not a law enforcement agency, or to an individual that is not a law enforcement officer. Agencies are authorized to use the data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense. The law further requires the agency to monitor the internal use of the data to prevent unauthorized use, and to submit related information to the Legislature as part of the annual automobile theft report. In October 2015, Governor Jerry Brown signed Assembly Bill 34 regulating license plate reader technology which took effect in January of 2016. Under the new requirements, law enforcement agencies must maintain reasonable security procedures and practices to protect license plate reader information and implement a usage privacy policy with respect to that information. The new law also requires agencies that use, or plan to use, such technology to provide an opportunity for public comment at a regularly scheduled meeting of the governing agency, before implementation of such technology. The Alameda County Sheriff's Office / Dublin Police Services General Order 5.42 outlines the guidelines set forth for the use of automated license plate technology. This policy is in compliance with the regulations set forth in the California Vehicle Code, Civil Code, and Assembly Bill 34 with respect to usage of license plate reader technology. Although the use of license plate reader technology is on the rise, DPS Staff has found that this tool has certain limitations. Research indicates that the most advantageous locations to place fixed camera license plate readers are on major intersections and ingress /egress locations to the cities. The research found that each camera only has the capability of consistently capturing license plates from a single lane of traffic. Therefore, should the City wish to monitor a major intersection, ex. Dublin Boulevard and Dougherty Road, 28 cameras would have to be installed to capture all lanes in all directions at that intersection. Each camera would have an approximate purchase /installation price of $25,000 in addition to an ongoing annual maintenance cost of $1,100. As such, installing the cameras at multiple locations is likely cost - prohibitive at this time. While technology becomes more sophisticated, so do those who are committing crimes. Staff has seen an increase in crimes being committed in vehicles with dealership paper plates or by subjects driving rental vehicles. License plate readers do not recognize dealership paper plates, and although they will recognize rental vehicles, often times these vehicles are rented fraudulently and the renter cannot be identified. Although California law requires license plates to be displayed on the front of a vehicle, not all vehicle owners adhere to this law. With no front license plate, the license plate reader must rely on capturing the rear plate of the vehicle. This information would have to be factored in when deciding locations for fixed license plate reader cameras. Furthermore, it should be noted that State Assembly Bill 806 provided authority to the Department of Motor Vehicles to conduct a pilot program to evaluate the use of alternative registration products. The pilot program began on November 1, 2015 and will be carried out Page 3 of 5 through December 31, 2016. During the pilot program, digital license plates will be provided to those participating in the program in lieu of standard metal plates. The pilot program also provides for front vinyl license plate wraps in lieu of standard metal plates. Although it is unknown at this time if the license plate reader technology will capture a vinyl front license plate, it is known that the technology will not capture a digital license plate. Should this program be implemented statewide, the effectiveness of the license plate reader technology will decrease greatly. DPS staff feels that another technological resource which should be explored is the utilization of high - resolution cameras. Staff has seen cameras operating at a level of 1080p ( "p" for progressive scanning) or greater, which have the capability of capturing license plates on moving vehicles at both daytime and nighttime. Staff has also seen cameras that can zoom or enhance the recording area to clearly depict license plates or faces of individual drivers. The City currently has nine real -time traffic cameras at major intersections, and although these cameras are not operating at a level of 1080p or greater, they do provide a significant resource for both traffic monitoring and crime investigation purposes. Should these cameras be upgraded to high - resolution cameras with zooming and recording capability, it would even further their ability to assist police. The use of these cameras at major intersections and other key ingress /egress locations could lessen the need for ALPR's in these areas because they are able to record a larger area and provide more information with less fiscal impact. The Dublin Police Crime Prevention Unit recently implemented the Private Video Surveillance Camera Registration program. The program, which is described on the City's website, encourages citizens to register their privately -owned surveillance cameras, and DPS has also met with various neighborhood watch groups to detail the program and to encourage the purchase of cameras operating at a level of 1080p or higher. The program is not intended to give DPS control of private camera systems, but rather to let DPS know where to look for potentially useful video footage which could help expedite investigations.. This information will allow investigators to immediately have surveillance footage and follow them to investigative leads much more expeditiously. This is just another example of how high definition cameras can be utilized as a resource. As described above, while there are several technological resources which can assist DPS with enforcement and investigations, each has its limitations. At this time, Staff believes that a combination of license plate reader technology and high definition cameras installed in advantageous locations is the best option. Staff believes the most advantageous locations to monitor and assist in solving crimes are major intersections and places of ingress /egress from the city. Upgrading current traffic monitoring cameras and allowing the cameras to record for a period of time will allow for major intersections to be monitored and provide a valuable resource to investigators. Additionally, procuring radar trailers outfitted with license plate reader technology will allow Staff to not only monitor speed in particular areas, but also to choose which locations of ingress /egress the license plate technology is utilized. The need for mobile license plate reader technology is also essential to obtain real -time information and collect data from specific areas not covered by fixed cameras. Staff also proposes a pilot program that would include the purchase of license plate readers for up to six police vehicles, as well as video cameras to be located at the City's entrances from Interstate 580. Staff also recommends looking at upgrading the cameras for the City's real -time traffic monitoring system to further assist in capturing license plate information. Staff anticipates Page 4 of 5 that the pilot program could cost as much as $500,000, and will further refine the program specifics upon direction from the City Council. Staff recommends that the City Council review this report and provide Staff with direction relative to the acquisition and use of new technology to assist DPS. NOTICING REQUIREMENTS /PUBLIC OUTREACH: State Assembly Bill 34 requires agencies that use or plan to use such technology as License Plate Readers to provide an opportunity for public comment at a regularly scheduled meeting of the governing agency, before the implementation of such technology. ATTACHMENTS: 1. Dublin Police Services General Order 5.42 Page 5 of 5 T. INTRODUCTION: The Automated License Plate Recognition (.ALPR) system uses cameras mounted on ,stationary locations or patrol vehicles to capture images of license plates and transfer the data to the Police ALPR Graphical Interface System (PAGIS) for instant plate check against specified databases, (NCiC Stolen, Felony Warrants, and Amber Alerts) with immediate alerts to deputies of any "hits," II, PURPOSE: The purpose of utilizing the ALPR is to equip authorized deputies and staff assigned to law enforcement roles with an effective tool to combat criminal activity, enhance productivity, and improve officer safety. III, POLICY: The ALPR system will be used primarily in the Sheriff's Office set-vice areas to alert deputies and staff to suspect vehicles and vehicles of interest to law enforcement. Deputies shall confirm ALPR. system "I-Tits" with dispatch prior to initiating any enforcement actions on a suspect vehicle. It is the intent of'this agency to ensure thatALPR "operators" and "end - users" maintain reasonable security standards, and rrse Procedures with respect to privacy rights, regarding data obtained from the ALPR systems. IV. DEFINITIONS: A. Pearpoint linage Processing Systems (P11'S): Pulsed narrow wavelength retro- reflective techniques for image capture. S. Platefinder: Sophisticated firmware continually searches the camera's field of view for the presence of a license plate. C. Dual Lens Camera: As a license plate is detected, the dual lens camera is triggered to capture both color and inli•ared images of the vehicle and plate. Int'rared cameras are able to sec license plates regardless of sun glare, darkness, or other adverse conditions. D. Triple Flash Technology: Triple flash technology varies the flash, shutter and gain settings of the camera to capture multiple plate images, ensuring the highest duality photo regardless of light or weather conditions. Only the image determined to produce the highest quality read is sent on for processing. E. Optical Character Recognition (OCR) Engine: PIPS uses a customized OCR engine specific to the state or region of interest. PIl'S OCR engines are very tolerant of skewed and off axis plate reads, various plate sizes, syntax rules, and designs. The engine reads NUMBER: 5.42 PAGES: 1 of 5 RELATED ORDERS: CALEA: 41.1.3, 41.3.{) ALAMEDA COUNTY SHERIFF'S 0 +`I CE GENERAL 0RDI! R ISSUED DATE: April 5, 241.0 REVISION DATE: April 5, 2016 CHAPTER: Law Enforcement Operations SITI3JECT: Automated License Plate Recognition (ALPR) System T. INTRODUCTION: The Automated License Plate Recognition (.ALPR) system uses cameras mounted on ,stationary locations or patrol vehicles to capture images of license plates and transfer the data to the Police ALPR Graphical Interface System (PAGIS) for instant plate check against specified databases, (NCiC Stolen, Felony Warrants, and Amber Alerts) with immediate alerts to deputies of any "hits," II, PURPOSE: The purpose of utilizing the ALPR is to equip authorized deputies and staff assigned to law enforcement roles with an effective tool to combat criminal activity, enhance productivity, and improve officer safety. III, POLICY: The ALPR system will be used primarily in the Sheriff's Office set-vice areas to alert deputies and staff to suspect vehicles and vehicles of interest to law enforcement. Deputies shall confirm ALPR. system "I-Tits" with dispatch prior to initiating any enforcement actions on a suspect vehicle. It is the intent of'this agency to ensure thatALPR "operators" and "end - users" maintain reasonable security standards, and rrse Procedures with respect to privacy rights, regarding data obtained from the ALPR systems. IV. DEFINITIONS: A. Pearpoint linage Processing Systems (P11'S): Pulsed narrow wavelength retro- reflective techniques for image capture. S. Platefinder: Sophisticated firmware continually searches the camera's field of view for the presence of a license plate. C. Dual Lens Camera: As a license plate is detected, the dual lens camera is triggered to capture both color and inli•ared images of the vehicle and plate. Int'rared cameras are able to sec license plates regardless of sun glare, darkness, or other adverse conditions. D. Triple Flash Technology: Triple flash technology varies the flash, shutter and gain settings of the camera to capture multiple plate images, ensuring the highest duality photo regardless of light or weather conditions. Only the image determined to produce the highest quality read is sent on for processing. E. Optical Character Recognition (OCR) Engine: PIPS uses a customized OCR engine specific to the state or region of interest. PIl'S OCR engines are very tolerant of skewed and off axis plate reads, various plate sizes, syntax rules, and designs. The engine reads Page 2 of 6 Alameda County Sheriff's Office General Order 5.42 the captured infrared plate image and converts it to a data file. F. Processors: Tn addition to housing the patented platefinder and triple flash technologies, PRIS processors perform the OCR. translation and can use the captured data in a variety of ways via a PIPS software application or 3rd party solution. G. Back Office System Server (BOSS) Application Software: Software interfaces, specific to the industry or application, allows the user of the system to easily view and manage the data. TT. Northern California Regional Intelligence Center (NCRIC): The NCRIC is a government program that helps safeguard the community by serving as a dynamic security nexus. The NCRIC provides the software backend, including servers and storage, for saved ALPR data. The Sheriffs Office ALPR cameras communicate directly with the NCRTC, and the NCRIC provides the software tool for accessing and reviewing stored ALPR data.. T, LPR Wcbsite: The NCRIC website for accessing and reviewing ALPR data. Like most other law enforcement data this is on a "in eed to knowlright to know" basis. V, GUIDELINES: A, ALPR USAGE 1. TheNCRIC has established guidelines for the collection and use ofALPR data, in a matter that maintains the highest respect far an individual's privacy rights. Members of the Sheriffs Office will abide by these guidelines. 2. The ALPR system may be used to collect data that is within public view. The data may not be usedfor the specrfzc purpose of monitoring individual activities which are protected by th.e United States Constitution. 3. The data may be used far laiv enforcement purposes only. The information will not he sold, shared or transferred, except to another law enforcement agency. All efforts will he made to ensure the data remains confidential. 4. In compliance with Senate Bill 34, our Agency will provide an opportunity and platform for public comment pertaining to our Agency's ALPR system. The public will be allowed to provide comments during a monthly meeting of the Sheriffs Committee, held in San Lorenzo. The date and times for such comments will be publicized. For information on the meeting dates and tunes, you can contact the following: 1. Alameda County Sheriff's Office Crime Prevention Unit at (510)-667- -7770. 2. Email the Agency at: nin(arrlametlucounttslteriff :�t;�, Other information can be _found on our Agency's website: ►vsvrv.altimedacotttit tsheri .or Page 3 of G Alameda County Sherift's Office General Order 5.42 5. The following are some situations for using the ALPR system, including functionality of the LPR Websitc: a. Stolen Vehicle Identification b. To identify wanted felons during routine patrol C. BOLT s d. AMBER Alert e. Surveillance and Investigation f To conduct grid searches of areas around the crime scene g. Blue Alert h. Silver /Gray Alert i. Yellow Alert f. Using ALPR collected data shall be For official agency purposes only. Accessing the data for personal reasons, or the introduction of unapproved software other files or altering the software program, is unauthorized. 7. ALPR equipped cat's should be made available to trained personnel in order to conduct license plate canvasses for homicides, shootings and other major crimes or incidents. 8. Partial plates reported during major crimes should be entered into the ALPR in an attempt to identify suspect(s) vehicles. 9. ALPR Data is reviewed and accessed via the NCRIC LPR Website as follows: a. Stall' accessing the data must have a vetted NCRIC account establishing their ability to access NCRIC law enforcement resources. b. Access to ALPR data must be for authorized agency purposes and within "need to know 1 right to know" guidelines. All access and inquiries to the site are logged and may be audited. c. Access requires a case /report number, or event dumber if a report number has yet to be generated, d. The website is located at httns : /Jpr.ncJc.ca.goy B, DATA COLLECTION AND RFTI1NTI0N: Page 4 of 6 Alameda County Sheriff's Office General Order 5.42 1. ALPR data is constantly updated in communication with NCRIC ALPR servers. 2. All ALPR data downloaded to the server will be stored for one year prior to being purged. This is the NCRIC retention policy. Notwithstanding any oth er provi si on of law, all electronic images or data gathered by ALPR's are for the exclusive use of law enforcement in the discharge of duties and are not to be made open to the public. C. COMI'LAINI'S: All internal and external complaints will follow standard complaint procedure as outlined in the Sheriff's Office Written Directives and applicable laws. D. MAIN'T'ENANCE: Major repairs to any equipment, other than routine and normal maintenance, require the system administrator's authorization. 2, All regularly scheduled maintenance and routine repairs shall be coordinated through the Sheriff's Office I.T. ,Support Services. 3. The maintenance and repairs of the server and back -end for the ALPR system is the responsibility of, and provided by, the NCRIC. 4. All persons using the ALPR are responsible for the condition of the equipment and notifying the DUIICover Unit supervisor when a repair is required. 5. Under no circumstances shall a vehicle equipped with ALPR be taken through an automated carwash. G. Under no circumstances shall a user adjust, mount or dismount ALPR cameras. 7. Caution should be taken to ensure the system's coznputer has proper ventilation. (Trunk Mounted System) E. SYSTEM ADMINISTRATOR I. The Eden Township Substation (ETS) DUI/Cover Unit supervisor is the ALPR system administrator. The system administrator's responsibilities shall include: a. Training selected vehicle operators and ensuring they receive periodic training as needed. b. Maintain a list oPqualified vehicle operators. c. Overseeing the maintenance of the ALPR system. Page 5 of 6 Alameda County Shoriff "s Office General Order 5.12 F. TRAINING: 1. Use of ALPR Vehicle: a. The system administrator can authorize a Deputy to use the ALPR in vehicle system once they have been trained, showing proficiency and an understanding of operational procedures. 2. LPR. -Website Access: a. All staff wishing to access the NCRIC ALPR (LPR Website) data shall review and sign off this General Order as well as Attachment I to this General Order in DMS to acknowledge they have reviewed and understand the LPR Website training. Staff shall not utilize the LPR Website without first acknowledging these documents. G. DATA B REACI I: a. In the case of any data breachlcornpromise of personal information contained in our ALPR data systems owned or operated by our Agency, the following procedures are required: i. For breaches within our Agency, if possible, identify the breach/compromise and contact the TeelinologylNetworI€ Infrastructure Unit at email address of: netsecurity::ci;ac2ooy or& or at 510- 208 -9666 (X29666) or 510 - 208 -9836 (29836). ii. The 'fechnology/Network Infrastructure Unit will contact the NCRIC systems analyst to inform them of the breach/compromise, and attempt to find a solution. iii. The Technology/Network Security Unit will also notify the Office of Information Security (California Department of Technology), pursuant to reporting mandates set by state law. iv. All affected individual (s), will be notified by the Technology /Network Infrastructure Unit, via a "Notice of Data Breach" form; detailed in the foam are categories which include the incident detail, information involved, remedies for the victim(s), what the Sheriff's Office is doing to resolve the issue, and contact information for the Sheri ff's Off ice. b. Any breach notification from an outside source, will be made using the normal police reporting guidelines (i.e., fiIing a report with their local law enforcement agencies). All instances will be forwarded to the Technology /Network Infrastructure Unit of the Sheriff's Office. The Page 6 of 6 Alameda County Sheriff's Office General Order 5.42 notification to the affected party may be delayed, if an ongoing investigations may be compromised. c. Pursuant to Civil Cade 1798.29, any victi►n(s) of an ALPR data breach, will he contacted without unreasonable delay and advised of the breach, and measures taken to fix the issue. II. LPR INFORMATION AS EVIDENCE; The NCRIC LPR wehsite does not marls hits as evidence and save them indefinitely. Any staff member who accesses the LPR wehsite and identifies information which is of evidentiary value to a case should export and save the results, entering them into evidence for continued rotention, A TTACHMI ;NTS : 1. Use of the NCRIC LPR system 2. Technology /Network Infrastructure Unit "Notice of Data Breach" form ASSISTIVE TECHNOLOGY IN POLICING BY: DUBLIN POLICE CHIEF DENNIS HOUGHTELLING OVERVIEW DUBLIN POLICE ARE LOOKING FOR INNOVATIVE WAYS TO FIGHT CRIME: •Description of license plate reading technology and capabilities •Limitations of license plate readers •Discuss use of high definition cameras •Recommendation and direction from City Council LICENSE PLATE READER TECHNOLOGY •Uses optical character recognition to read license plates •Today’s LPR’s are accurate and reliable •Information can be run automatically in law enforcement databases with immediate feedback INVESTIGATIVE TOOL •Information is stored at the Northern California Regional Intelligence Center (NCRIC) •The license plate is input into law enforcement databases o Probation, arrest warrants, missing persons, stolen vehicles o Alerts the officer in real-time TWO TYPES OF LICENSE PLATE READER TECHNOLOGY Fixed vs. Mobile NEIGHBORING CITIES •Livermore Police Department o Currently utilizing 8 mobile license plate reader devices o Will be installing 4 fixed cameras soon •Pleasanton Police Department o Currently utilizing 3 mobile license plate readers •San Ramon Police Department o Currently utilizing 4 mobile license plate readers LEGAL CONSIDERATIONS •Katz V. United States (1967) o Recording in public places is acceptable •California Vehicle Code 2413(b) o Law enforcement agencies can store data up to 60 days •Assembly Bill 34 (Jan 2016) o Data must be protected and agencies using LPR’s must provide an opportunity for public comment •General Order 5.42 o Policy ensuring compliance with all laws relating to LPR’s LICENSE PLATE READER LIMITATIONS •Fixed license plate readers cover only one lane of traffic •Paper license plates and rental vehicles •Assembly Bill 806 (DMV Pilot Program) HIGH DEFINITION CAMERAS •Utilization of Video Cameras in Key Locations o Use existing traffic monitoring cameras o Add high quality video cameras to capture license plates o Low light capability o Zoom capability o Covers A larger area SECURITY CAMERA REGISTRATION PROGRAM RECOMMENDATION •Authorize the Implementation of a Pilot Program Utilizing a Combination of Technology Resources o Purchase of license plate reader cameras o Fixed license plate reader cameras for key locations o Up to 6 mobile devices o Up to 2 radar trailer devices o Purchase of upgraded cameras for the city’s traffic monitoring system o Purchase of high definition cameras to be placed at ingress/egress areas to the city