Virginia lawmakers assess misuse of automated license plate readers

Automated license plate readers have drawn backlash after reports of police abuse of the surveillance tech.RICHMOND, Va. (CN) — Members of the Virginia General Assembly met Thursday to review a report on misuse of automated license plate readers by law enforcement agencies and the need for stronger guardrails.​The report, commissioned by the Virginia State Crime Commission, surveyed 191 local law enforcement agencies that reported using the controversial surveillance technology as of August. Of those, 10% self-reported unauthorized use of the technology, which uses a network of cameras to track vehicle movement.​The commission, comprised of legislators, commonwealth’s attorneys and appointed citizens, discussed the need for more guardrails.​"It seems to me that we need probably stronger consequences for law enforcement agencies that are not following the laws that we pass," State Senate Majority Leader Scott Surovell, a Democrat, said at the meeting.​Republican Delegate Wren Williams discussed limiting access to the database to certified law enforcement employees. Hampton Commonwealth’s Attorney Anton Bell questioned whether those in his role should have discretion to bring charges against police for misuse. The criminal penalty for law enforcement is a class 1 misdemeanor, but prosecutors have charged only seven officers despite the report outlining numerous instances of misuse and noncompliance with state law.Virginia-based state and federal courts have upheld the technology’s use in Fourth Amendment challenges. But criminal justice advocates and concerned Virginia residents used the public comment period to push for a complete ban.​"There is no policing the police," Rob Poggenklass, representing the ACLU of Virginia, said. “While technology can be helpful to law enforcement, we cannot continue to hand over sensitive personal information such as location data to the highest bidder, and that’s exactly what’s happening with these surveillance technologies.”​Mitchell Smith, representing the Institute for Justice, echoed the sentiment and said his organization is pushing police to obtain warrants before using the database.​"We do not surrender our constitutional rights when we leave our houses and go out in public," Smith said. “The best way to stop abuse is to prevent it from happening in the first place.”​Of the 191 agencies that used ALPR technology at the time of the August survey, six reported not having an ALPR policy as state law requires. Of the 178 agencies that have policies, 33% do not publicly post their policy as required by law. Seven agencies reported data retention periods longer than the 21-day maximum allowed. In addition, 27 agencies acknowledged they did not engage in public awareness before implementing the technology in their communities.​The report also cited a May scientific article in Urban Science that outlined the higher concentration of Virginia’s ALPRs in areas with more of people of color. According to the commission, 42% of investigatory detentions resulting from ALPR-related stops between Jan. 1 and Sept. 30 involved Black people, despite only comprising 20% of the state’s population.​Twenty-two agencies also reported their systems sometimes, or very often, produced false-positive hits. The report found agencies train officers to use the ALPR database in widely varying ways.​Virginia enacted sweeping regulations in 2025 that limited permissible uses, mandated a 21-day maximum retention period, restricted data sharing and required monthly audits. Virginia’s regulations rank fourth on the NYU School of Law’s Policing Project’s license plate reader policy scorecard, losing points only for lacking a formal data-sharing process to ensure ALPR data sharing is lawful, authorized and documented.​The survey found 86% of agencies contracted with Flock Safety for their ALPR needs. Of the 191 responding agencies, 52 reported acts of vandalism ranging from people spray-painting the cameras, cutting power cables and purposefully hitting the cameras with vehicles. Vandals also set them on fire and shot the cameras, according to the report.​Dozens of Virginia localities have suspended, ended or decided not to renew their contracts with Flock Safety and other ALPR companies since responding to the August survey, including Alexandria, Arlington, Richmond and Lynchburg.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads