Homeland Security in Berlin, NH?

[coffeeseven]

In this subdivision, ""surveillance'' means the act of determining the ownership of a motor vehicle or the identity of a motor vehicle's occupants on the public ways of the state or its political subdivisions through the use of a camera or other imaging device or any other device

So NH cops don't roll around town typing plate numbers into their MDT's all day long like here in Illinois?

[Quantrill]

So NH cops don't roll around town typing plate numbers into their MDT's all day long like here in Illinois?

I don't think they're supposed to.  Don't know if they do or not...

[KBCraig]

I note that the use of "transponders" is also prohibited.

An EZ-Pass device is a transponder. It's illegal to use them to determine who owns a car.

[KBCraig]

I dropped a short and polite email to the Berlin chief of police, asking him if this network, even inadvertently, violates the law, and asking him if he's checked with the city attorney.

[J’raxis 270145]

I note that the use of "transponders" is also prohibited.

An EZ-Pass device is a transponder. It's illegal to use them to determine who owns a car.

Since EZ-Pass is optional for you to use, and run by a private company (thoroughly in bed with the government, but "private" still, in the legal sense), this probably doesn't qualify. If EZ-Pass was tracking non-users of its system somehow, it would most likely qualify, though.

[KBCraig]

I note that the use of "transponders" is also prohibited.

An EZ-Pass device is a transponder. It's illegal to use them to determine who owns a car.

Since EZ-Pass is optional for you to use, and run by a private company (thoroughly in bed with the government, but "private" still, in the legal sense), this probably doesn't qualify. If EZ-Pass was tracking non-users of its system somehow, it would most likely qualify, though.

The government uses EZ-Pass transponders to identify car owners, so they can write tickets and track criminal suspects. That is illegal.

[Quantrill]

I dropped a short and polite email to the Berlin chief of police, asking him if this network, even inadvertently, violates the law, and asking him if he's checked with the city attorney.

THANK YOU, KB!!! 
+1

[NHRes2004]

As of July 16, 2007, the NH LEO's can "run" plates without probable cause. A concession was made to disallow automated plate scanning systems.

========================================================
SB 41 – FINAL VERSION

02/22/07 0009s

31May2007... 1343h

06/27/07 2361eba

2007 SESSION

07-1120

09/05

SENATE BILL 41

AN ACT relative to the authority of law enforcement officers to obtain registration checks on motor vehicles for official purposes and prohibiting the use of automated number plate scanning devices.

SPONSORS: Sen. Letourneau, Dist 19; Sen. Clegg, Dist 14; Rep. Packard, Rock 3

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies the authority of law enforcement officers to obtain through electronic query from the department of safety the registration information on number plates for official purposes.

This bill also prohibits the use of automated number plate scanning devices, with certain exceptions.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/22/07 0009s

31May2007... 1343h

06/27/07 2361eba

07-1120

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the authority of law enforcement officers to obtain registration checks on motor vehicles for official purposes and prohibiting the use of automated number plate scanning devices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

335:1 New Sections; Number Plate Checks by Law Enforcement Officers; Use of Automated Number Plate Scanning Devices Prohibited. Amend RSA 261 by inserting after section 75 the following new sections:

261:75-a Number Plate Checks by Law Enforcement. A duly sworn state, county, or local law enforcement officer in the performance of his or her duties may obtain, through electronic query from the department of safety, the registration information on a particular number plate and plate type or number plate validation decal for any official purpose, whether the inquiry relates to a particular offense or is for general crime detection and prevention purposes, provided a record is kept regarding such inquiry. The information so obtained shall only be used for valid law enforcement purposes and shall not be disclosed to any unauthorized person for any purpose. The commissioner of safety may further limit the release of such information at his or her discretion.

261:75-b Use of Automated Number Plate Scanning Devices Prohibited. The use of automated number plate scanning devices is prohibited except as provided in RSA 236:130.

335:2 Highway Surveillance Prohibited; Exceptions. Amend RSA 236:130, III(d)-(e) to read as follows:

(d) Is incidental to the monitoring of a building or other structure under the control of the state or a political subdivision of the state; [or]

(e) Is undertaken for purposes of operation of the E-Z Pass system; or

(f) Is undertaken for the security of the following bridges and approach structures: I-95 Piscataqua River Bridge, Sarah Mildred Long Bridge, and the Memorial Bridge, all in Portsmouth.

335:3 Effective Date. This act shall take effect upon its passage.

Approved: July 16, 2007

Effective: July 16, 2007
========================================================

[KBCraig]

I got a quick reply from the Berlin Chief of Police. He said the cameras only monitor "critical infrastructure", which I assume to be the dams and bridges, maybe the railroad overpass, and possibly some buildings. He said they don't violate RSA236:130.

I asked him a couple of follow-up questions, and asked permission to share his email. It might be Monday before I hear back from him.

[J’raxis 270145]

I got a quick reply from the Berlin Chief of Police. He said the cameras only monitor "critical infrastructure", which I assume to be the dams and bridges, maybe the railroad overpass, and possibly some buildings. He said they don't violate RSA236:130.

I asked him a couple of follow-up questions, and asked permission to share his email. It might be Monday before I hear back from him.

So he's trying to justify the cameras under RSA 236:130 III(d). Except, the news article about this setup says that "[t]he network enables officers to write reports from the road, check warrants, check license plates and check out other information without needing to report back to the station...".

So who's wrong? Or who's lying?

[KBCraig]

I got a quick reply from the Berlin Chief of Police. He said the cameras only monitor "critical infrastructure", which I assume to be the dams and bridges, maybe the railroad overpass, and possibly some buildings. He said they don't violate RSA236:130.

I asked him a couple of follow-up questions, and asked permission to share his email. It might be Monday before I hear back from him.

So he's trying to justify the cameras under RSA 236:130 III(d). Except, the news article about this setup says that "[t]he network enables officers to write reports from the road, check warrants, check license plates and check out other information without needing to report back to the station...".

So who's wrong? Or who's lying?

I think that refers to the wireless network part of the system, where the officers can access the computer network while in the field. Apparently they couldn't do that before (quite believable, given Berlin's topography).

Just a guess from what I've read, but it sounds like they can look at those cameras any time they're on the network (meaning, parked in their cruiser within the wireless hotspot). The only question would be if the cameras allow officers to ID car owners or occupants. That would be the part that violates the RSA.

Oh, and the RSA only bans that for cars on "public ways". Parking lots aren't covered by the law.

[J’raxis 270145]

I got a quick reply from the Berlin Chief of Police. He said the cameras only monitor "critical infrastructure", which I assume to be the dams and bridges, maybe the railroad overpass, and possibly some buildings. He said they don't violate RSA236:130.

I asked him a couple of follow-up questions, and asked permission to share his email. It might be Monday before I hear back from him.

So he's trying to justify the cameras under RSA 236:130 III(d). Except, the news article about this setup says that "[t]he network enables officers to write reports from the road, check warrants, check license plates and check out other information without needing to report back to the station...".

So who's wrong? Or who's lying?

I think that refers to the wireless network part of the system, where the officers can access the computer network while in the field. Apparently they couldn't do that before (quite believable, given Berlin's topography).

Just a guess from what I've read, but it sounds like they can look at those cameras any time they're on the network (meaning, parked in their cruiser within the wireless hotspot). The only question would be if the cameras allow officers to ID car owners or occupants. That would be the part that violates the RSA.

Oh, and the RSA only bans that for cars on "public ways". Parking lots aren't covered by the law.

This RSA has too many exceptions that they can use to slide under it. Laws directed against the government (as opposed to the people) should not have so many loopholes.

[supperman15]

they want the loopholes so they can do it in "times of great need"  the law says this is what you cant do, but the rest is ok so don't cry...  so anyone up for a scouting expedition, and perhaps a little "prayer" service