North Carolina License Plate Reader Laws

Status at a glance

A written policy is required

Any state or local law enforcement agency using an ALPR system “must adopt a written policy governing its use before the automatic license plate reader system is operational” (G.S. 20-183.31(a)). The policy must address:

• the databases used for comparison;
• data retention, and sharing with other agencies;
• operator training and supervisory oversight;
• internal data security and access;
• “annual or more frequent auditing and reporting” to the agency head; and
• access to data from ALPR systems the agency doesn’t operate.

Agencies must also keep maintenance and calibration schedules and records for the system (20-183.31(c)). They must update the system from the specified databases every 24 hours if updates are available, or as soon as practicable (20-183.32(d)).

Permitted uses

Data “shall be obtained, accessed, preserved, or disclosed only for law enforcement purposes,” and it “shall not be used for the enforcement of traffic violations” (20-183.31(b)). “Law enforcement purpose” is defined as criminal investigations, arrests, prosecutions and supervision; apprehending a person with an outstanding felony warrant; locating a missing or endangered person; and locating a lost or stolen vehicle (20-183.30(5)).

Retention: 90 days, and preservation requests

Captured plate data from a system operated by or for a law enforcement agency “shall not be preserved for more than 90 days after the date the data is captured” (20-183.32(a)). It can be kept longer only under a state or federal search warrant, or a preservation request (20-183.32(b)).

A preservation request comes from a law enforcement agency. It must be a written, sworn statement that identifies the camera locations and the license plate, the dates and time frames, “specific and articulable facts” showing reasonable grounds to believe the data is relevant and material to an ongoing criminal or missing-persons investigation (or a motor carrier violation), and the case and parties. Preserved data is destroyed one year after the request unless a new request resets the period (20-183.32(c)).

The statute’s definition of “law enforcement agency” includes prosecuting attorneys. On its face, the preservation mechanism isn’t available to the defense. How defendants obtain or preserve ALPR data is governed by discovery and subpoena rules. See requesting ALPR records in discovery.

Confidentiality and sharing

Captured plate data “is confidential and not a public record.” It may be disclosed only to a criminal justice officer at a state or local law enforcement agency, or a similar federal official, for a legitimate law enforcement purpose under a written request. It “shall not be sold for any purpose” (20-183.32(e)).

An example: Raleigh’s directive

The Raleigh Police Department’s Directive 1110-07, marked “May be Released to the Public,” implements these rules and adds others:

• It acknowledges that ALPRs “can sometimes misread a plate and does not recognize the state of origin,” and that comparison data is “not updated in real time.”
• It instructs officers: “DO NOT USE THE ALERT AS REASONABLE SUSPICION OR PROBABLE CAUSE.” Officers must confirm the plate characters and state, then confirm the alert through DCI or another official database, before taking enforcement action.
• Temporary fixed cameras need a supervisor’s approval, and fixed cameras need the Chief of Police’s approval.
• Other agencies’ requests for data must be in writing and approved by the Chief or a designee.
• Use and effectiveness are audited annually.
• Data is deleted within 90 days unless preserved under the statute.

Other North Carolina agencies’ policies may differ, within the statute.

What this can mean in a North Carolina case

• Did the agency have the required written policy before the system was operational, and what does it say?
• Was data kept past 90 days? If so, is there a sworn preservation request or a warrant, and does it meet the statute’s requirements?
• For a stop on an alert, did officers confirm the plate and the alert first? See ALPR alert traffic stops.
• Was ALPR data used to enforce a traffic violation?
• Are maintenance and calibration records available for the camera involved?