Department of Public Safety provides automated license plate reader guidance to Missouri law enforcement agencies

As directed by Governor Mike Kehoe in Executive Order 26-18 to respect constitutional boundaries and protect privacy concerns, the Department of Public Safety today published guidance for Missouri law enforcement agencies on best practices related to the use of automated license plate readers (ALPR) in the state.

The Governor issued EO 26-18 on Sept. 16. It ordered DPS to make its ALPR guidance available within 10 business days. The 10-page document was distributed to all state and local law enforcement agencies on record with the Department of Public Safety and is available here.

“We’ve spent the last two weeks reviewing a wide range of law enforcement agency ALPRs policies, including from Missouri police departments and county sheriffs’ offices, as well as the work of national law enforcement associations,” Department of Public Safety Director Mark James said. “What stood out from my individual discussions with Missouri chiefs, sheriffs and the Missouri State Highway Patrol was that many agencies have proactively instituted very significant guardrails to protect privacy, the overwhelming desire to protect constitutional rights, and support for strong penalties for any violation of constitutional rights. I have also heard of countless cases in which ALPRs provided pivotal leads that led to arrests and crimes being solved – ranging from child abductions to highly organized national retail theft operations to homicides. I appreciate the ideas I’ve received from our local, county and state law enforcement partners.”

“Automatic license plate readers have proven to be an incredibly effective crime-fighting tool at a time when many law enforcement agencies are experiencing very significant officer shortages,” Governor Kehoe said. “However, comprehensive legislation must be enacted to guarantee ALPRs are only used for legitimate law enforcement purposes, privacy is protected, and there are very serious consequences for those that break the rules regarding any ALPR restrictions that are adopted. I want to thank Director James and the DPS team for their work on this guidance alongside law enforcement partners from across the state.”

The DPS guidance is designed to ensure strict safeguards on the use of ALPR technology, including Flock Safety cameras, and includes recommendations for best practices related to ensuring:

• a legitimate law enforcement purpose for any ALPR data search;
• individual accountability for anyone with access to ALPR data;
• independent verification of ALPR alerts before enforcement;
• limited (30 days in most cases) retention of ALPR data;
• routine auditing (at least monthly) and targeted reviews of ALPR use; and
• prohibiting the integration of artificial intelligence facial recognition technology with ALPR systems.

In EO 26-18, Governor Kehoe ordered, to the greatest extent permissible by applicable law, all state agencies, boards, commissions, and local law enforcement entities that receive state funding and utilize ALPR technology, to implement minimum standards governing the use of ALPR technology until a permanent legislative enactment is made.

The Governor’s executive order also directed DPS to collaborate with the Missouri Police Chiefs Association, Missouri Sheriffs Association, Fraternal Order of the Police, Missouri State Highway Patrol, and the Missouri Association of Prosecuting Attorneys, and others as determined in consultation with the Missouri Attorney General’s Office to develop a legislative proposal to codify into Missouri law. DPS Director James said those discussions will occur prior to the upcoming legislative session.

For more information, call 573-751-5432 or e-mail mike.oconnell@dps.mo.gov