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This post was written by Gowri Nayar, an EFF legal intern.
Imagine driving to get your nails done with your family and all of a sudden, you are pulled over by police officers for allegedly driving a stolen car. You are dragged out of the car and detained at gun point. So are your daughter, sister, and nieces. The police handcuff your family, even the children, and force everyone to lie face-down on the pavement, before eventually realizing that they made a mistake. This happened to Brittney Gilliam and her family on a warm Sunday in Aurora, Colorado, in August 2020.
And the error? The police officers who pulled them over were relying on information generated by automated license plate readers (ALPRs). These are high-speed, computer-controlled camera systems that automatically capture all license plate numbers that come into view, upload them to a central server, and compare them to a “hot list” of vehicles sought by police. The ALPR system told the police that Gilliam’s car had the same license plate number as a stolen vehicle. But the stolen vehicle was a motorcycle with Montana plates, while Gilliam’s vehicle was an SUV with Colorado plates.
Likewise, Denise Green had a frightening encounter with San Francisco police officers late one night in March of 2009. She had just dropped her sister off at a BART train station, when officers pulled her over because their ALPR indicated that she was driving a stolen vehicle. Multiple officers ordered her to exit her vehicle, at gun point, and kneel on the ground as she was handcuffed. It wasn’t until roughly 20 minutes later that the officers realized they had made an error and let her go.
Turns out that the ALPR had misread a ‘3’ as a ‘7’ on Green’s license plate. But what is even more egregious is that none of the officers bothered to double-check the ALPR tip before acting on it.
In both of these dangerous episodes, the motorists were Black. ALPR technology can exacerbate our
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