Virginia considers new limits on police use of license plate readers

The state of Virginia is trying once again to restrict and regulate how law enforcement use automated license plate readers across the Commonwealth.

Similar legislation failed in the General Assembly in 2023 and 2024, but a new bill hopes to make it through this time.

Virginia reconsiders ALPR regulations 

The backstory:

The bill, if passed, would restrict how law enforcement could use automated license plate readers - ALPRs - and the data they collect in several ways.

They could only be employed during specific investigations - like human trafficking or missing persons cases, outstanding warrants and stolen vehicles.

The data can only be stored for 30 days - then, unless it's being used in an active criminal investigation, it must be purged.

And police would also need a permit from the Department of Transportation to install cameras on state roads.

Herndon Police Chief Maggie DeBoard said they have used two ALPRs for the last year or so, and because of how successful they have been, they are adding eight more throughout the city next month.

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DeBoard said she understands privacy concerns and supports this bill - but added that the benefits of ALRPs, especially since they're all linked with law enforcement in Virginia - have been outstanding.

"It allows us to much more quickly find stolen vehicles - that has been amazing how quickly we find those - and that is of interest to our general public when they have things taken from them," DeBoard said. "And also for people who are missing, whether it is a senior alert or juvenile missing, we are able to find them so much quicker."

The other side:

However, there are privacy concerns related to the use of ALPRs.

Last fall, the Institute for Justice filed a federal lawsuit against Norfolk Police for their use of 170 license plate readers in the city, arguing that they violate the Fourth Amendment rights of all citizens.

The attorney behind that suit told FOX 5 this new legislation makes small steps in the right direction - but doesn't fix the overall problem.

"Which is that it still tracks the entire driving population," said Robert Frommer, senior attorney at the Institute for Justice. "We fought a whole revolution over the idea that we don't give officials carte blanche to track us wherever we go and that's exactly what this system does."

Why are automated license plate readers used?

Big picture view:

ALPRs have been used for more than two decades, but their popularity has skyrocketed recently, with more and more police departments using them to help solve crimes.

This new legislation would also require a public portal, so people can see how many stops have been made using the ALPRs, how many have led to arrests - as a way to keep the use transparent.

A similar bill that failed in the General Assembly was sent to the Virginia Crime Commission for a full study and input from all sides, so this new legislation is a result of that.  

At least 18 states currently regulate the use of automated license plate readers.

Virginia Politics