The police in Lenexa, Kansas used license plate reader technology in an attempt to retaliate against a
critic.
The question has never been whether law enforcement will misuse technology to
pursue vendettas and the like, it is only how.
Police in Lenexa, Kansas used automated license plate reader (ALPR)
technology to pursue a man who
wrote a critical op-ed
about the police department, according to reporting by Kansas public radio
station KCUR. This is a rare public example of exactly the kind of abuse
that we’ve long warned against when it comes to
mass-surveillance systems
like
license
plate
readers. It also comes on the heels of reports about apparent misuse of license
plate databases by ICE agents in Minnesota not for legitimate law
enforcement purposes but
to intimidate observers and protesters,
and of a woman who was
falsely accused of theft
based on data from license plate readers.
The
op-ed
published by the Kansas man, Canyen Ashworth, was critical of local ICE
operations and the role of Lenexa police in them. The same day that piece
ran, Lenexa police began to investigate Ashworth, according to internal
emails obtained by KCUR. They quickly tied him to an unidentified suspect
the police were looking for who had several days earlier put four posters
up around town showing a picture of an ICE agent and the words “remember
when we killed fascists.” The police alleged that the unidentified “Paper
Hanger” had violated an unspecified city ordinance, and the posters were
removed.
The Paper Hanger’s arguably aggressive message was nonetheless speech
protected by the First Amendment. And while government officials may
regulate constitutionally protected speech through “time, place, and
manner” restrictions, they can't do so selectively based on the content of
the messages. KCUR reports that in Lenexa, “Posters about lost pets and
community events were generally not removed.”
In fact, the town’s mayor later told KCUR that the town had no formal
policy regarding posters on city property.
City and police officials claimed that they were targeting the Paper
Hanger because the glue he used had the potential to damage city property.
On the basis of this great crime, the police began using license plate
readers to track Ashworth’s movements around town, and several weeks after
his op-ed, the police chief emailed patrol officers to announce that “A
suspect has been developed in the case of the City Center Posters” and
announce a “be on the lookout for” (BOLO) alert for Ashworth.
Perhaps most ominously, when issuing the BOLO the chief declared “This is
MYOC,” meaning “make your own case” — which in turn meant essentially,
“there is no arrest warrant for him so look for any reason to stop him”
and, as the deputy police chief at the time put it, “You need to build
your own probable cause, your own reasonable suspicion.”
As my ACLU colleague and head of the Kansas ACLU Micah Kubic put it,
issuing a BOLO on someone for putting up posters is “both a rejection of
the First Amendment, and a really ridiculous misuse of resources.”
Compared to the blatant targeting of people for their speech and/or
political opposition that we’ve been seeing lately from the Trump
Administration, this case may look small. But it was
scary enough for Ashworth. And it's a particularly clear example of the abusive
dynamic that mass-surveillance systems always end up falling into:
-
Target someone who the authorities dislike but have no evidence has
done anything wrong.
-
Fire up powerful surveillance technologies that have been sold to the
public as a way to stop serious, dramatic crimes and keep the public
safe.
-
Use those technologies to watch the disfavored person in the hopes of
drumming up something that they can be charged with, even to the point
of scraping the bottom of the barrel and going after something like
“damaging glue use.”
We’ve seen plenty of this “show me the man, I’ll find you the crime” kind of abuse at the hands of the Trump Administration. But this story
is a reminder that such abuse can rear its head in towns across the nation
— small, medium, or large. And when it does, license plate reading
programs are a natural tool for the authorities to turn to.
I've said it before, and I'll say it again. Unless and until politicians are willing to fire police officers and try them criminally for this bullsh%$, it will continue.