Automated License Plate Reader (ALPR) Laws Explained (2026)

By Recording Law Editorial TeamReviewed August 10, 202613 min read
Automated License Plate Reader (ALPR) Laws Explained (2026)

Frequently Asked Questions

What is an automated license plate reader (ALPR)?

An ALPR is a camera system, paired with optical character recognition software, that photographs every passing vehicle's plate and converts it into a timestamped, searchable database entry, often alongside the vehicle's make, color, and body type. Flock Safety is the dominant US vendor, reporting over 5,000 client communities and more than 100,000 deployed cameras as of mid-2026.

Is Flock Safety a government agency?

No. Flock Safety is a private company, founded in Atlanta in 2017, that sells camera hardware and a cloud database platform to police departments. Cameras are typically purchased by the local agency that operates them, not owned by Flock, though Flock hosts the shared platform they run on.

Is there a federal law regulating license plate readers?

No comprehensive federal statute regulates ALPR collection, retention, or sharing. A 2025 Congressional Research Service brief confirms Congress has so far left the field to Fourth Amendment litigation and state and local law rather than acting directly, leaving the Fourth Amendment as the primary federal constraint.

Can police share my license plate data with ICE or an out-of-state agency?

It depends on the state. California (Cal. Civ. Code Section 1798.90.5) and Illinois (625 ILCS 5/2-130) statutorily bar sharing ALPR data with federal immigration authorities or out-of-state agencies for certain purposes, but 2025-2026 audits in both states found agencies accessing the data through gaps in how sharing controls were configured, now the subject of pending litigation.

How long can police keep ALPR data?

It varies by state and, where no statute exists, by local policy. Examples include 21 days in Virginia and Maine, roughly 3 minutes for non-hit records in New Hampshire, and up to 5 years in Illinois for records tied to an investigation. Most states have no ALPR-specific retention statute at all.

Has any court ruled that ALPR use violates the Fourth Amendment?

Not at the federal appellate level as of July 2026. A federal district court upheld Norfolk, Virginia's network in January 2026 (on appeal in Schmidt v. City of Norfolk), and another declined to suppress ALPR evidence in United States v. Martin (E.D. Va. 2024). The Massachusetts Supreme Judicial Court held in Commonwealth v. McCarthy (2020) that a dense enough network could violate the state constitution, but that binds only Massachusetts courts.

Is it illegal to damage or cover a license plate reader camera?

Damaging or disabling government or vendor-owned ALPR equipment can expose a person to criminal property-destruction charges, regardless of the underlying objection. News coverage in 2026 documented camera vandalism incidents nationwide; this article does not suggest that as a course of action.

Updates

Corrected Norfolk's Flock camera count from 176 to 172. The actual Schmidt v. City of Norfolk opinion (filed 2025-08-15) states the city 'operate[s] a network of 172 Flock cameras,' and a later Virginia Court of Appeals decision addressing the same Norfolk system (Robinson v. Commonwealth, April 2026) independently confirms 172 cameras. The other case-law specifics in this section (the ~188-camera Richmond/Chesterfield network in United States v. Martin, the 'merely augment the same inherent sensory faculties' quote, the mosaic-theory rejection, the Richmond venue, and the January 27, 2026 Schmidt summary-judgment date) were all independently confirmed correct against the actual opinions and required no fix.

Governing law re-checked for recent changes

The Law Behind This Article

This article rests on 3 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.

California Civil Code

§ 1798.90.5In force
The following definitions shall apply for purposes of this title: (a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following: (1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system. (c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code.

Official text (excerpt) · as of 2026-07-28 · Read the full section at leginfo.legislature.ca.gov

Maine Revised Statutes, Title 29-A: MOTOR VEHICLES AND TRAFFIC, Chapter 19: OPERATION

§ 2117-AUse of automated license plate recognition systemsIn force
1. Definitions. As used in this section, unless the context otherwise indicates, "automated license plate recognition system" means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of registration plates into computer-readable data. "Automated license plate recognition system" does not include a photo-monitoring system, as defined in Title 23, section 1980, subsection 2‑A, paragraph B, subparagraph (4), when used by the Maine Turnpike Authority or a law enforcement agency for toll enforcement purposes. 2. Prohibition. Except as otherwise provided in subsection 3, a person may not use an automated license plate recognition system. 3. Exception. Subsection 2 does not apply to: A. The Department of Transportation for the purposes of protecting public safety and transportation infrastructure; [PL 2009, c. 605, §1 (NEW).] B. The Department of Public Safety, Bureau of State Police for the purposes of commercial motor vehicle screening and inspection; and [PL 2009, c. 605, §1 (NEW).] C.

Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov

Code of Virginia, Title 2.2: Administration of Government

§ 2.2-5517Use of automatic license plate recognition systems by law-enforcement agenciesIn force
A. For purposes of this section: "Audit trail" means all records of queries and responses in an automatic license plate recognition system, and all records of actions in which system data is accessed, entered, updated, shared, or disseminated, including the (i) date and time of access; (ii) license plate number or other data elements used to query the system; (iii) specific purpose, as set forth in subsection D, for accessing or querying the system, including the offense type for any criminal investigation; (iv) associated call for service or case number; and (v) username of the person or persons who accessed or queried the system. "Audit trail data" means all forms of data collected or generated by an automatic license plate recognition system for purposes of producing an audit trail. "Automatic license plate recognition system" or "system" means a system of one or more high-speed cameras used in combination with computer algorithms to convert images of license plates, vehicles, or a combination of both into computer-readable data. "Division" means the Division of Purchases and Supply of the Department of General Services.

Official text (excerpt) · as of 2026-07-29 · Read the full section at law.lis.virginia.gov

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Sources and References

  1. Cal. Civ. Code Section 1798.90.5 et seq. (SB 34, 2015) - ALPR system/information definitions, public-agency-only sharing restriction, policy-posting requirement(leginfo.legislature.ca.gov).gov
  2. Va. Code Section 2.2-5517 - Use of automatic license plate recognition systems by law-enforcement agencies (21-day purge, 2-year audit-trail retention, sharing restrictions)(law.lis.virginia.gov).gov
  3. 625 ILCS 5/2-130 - Illinois Vehicle Code provision on automated license plate readers, including the 2023 amendment barring data sharing for immigration or reproductive-health-care enforcement(ilga.gov).gov
  4. 29-A M.R.S. Section 2117-A - Maine statute on use of automated license plate recognition systems (21-day retention limit, Class E crime for violations)(legislature.maine.gov).gov
  5. N.H. Rev. Stat. Ann. Section 261:75-b - Use of Number Plate Scanning Devices Regulated (near-instant purge absent a hit; attorney general audit authority)(gc.nh.gov).gov
  6. Carpenter v. United States, 585 U.S. 296 (2018) - Supreme Court holds warrantless acquisition of historical cell-site location records is a Fourth Amendment search; opinion text(law.cornell.edu)
  7. United States v. Jones, 565 U.S. 400 (2012) - Supreme Court holds warrantless GPS tracking of a vehicle is a Fourth Amendment search; opinion text(law.cornell.edu)
  8. Congressional Research Service, 'Automated License Plate Readers: Background and Legal Issues' (IF13068, 2025) - confirms no comprehensive federal ALPR statute; regulation left to state and local governments(congress.gov).gov
  9. Commonwealth v. McCarthy, 484 Mass. 493 (2020) - Massachusetts Supreme Judicial Court holds a sufficiently dense ALPR network could constitute a search under the state constitution; official case text(masscases.com)
  10. United States v. Martin, 753 F. Supp. 3d 454 (E.D. Va. 2024) - federal court rejects 'mosaic theory' challenge to Flock ALPR evidence; case summary and analysis(valawyersweekly.com)
  11. Schmidt v. City of Norfolk, No. 2:24-cv-00621 (E.D. Va.) - docket, filings, and summary judgment ruling (Jan. 27, 2026) upholding Norfolk's ALPR network(courtlistener.com)
  12. Illinois Secretary of State, 'Giannoulias' Audit Finds License Plate Reader Company in Violation of State Law' (Aug. 25, 2025) - official audit findings on CBP access to Illinois ALPR data(ilsos.gov).gov
  13. Electronic Frontier Foundation, 'Flock Safety and Texas Sheriff Claimed License Plate Search Was for a Missing Person. It Was an Abortion Investigation.' (Oct. 2025)(eff.org)
  14. Courthouse News Service, 'California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies' (Feb. 2026) - Javorsky v. Flock Safety, Inc. class action coverage(courthousenews.com)
  15. Institute for Justice, 'Hampton Roads Residents Will Appeal Court Decision Upholding Norfolk's License Plate Reader Surveillance' - case background and appeal announcement(ij.org)
  16. Tech Times, 'Flock Safety Crosses 100,000 Cameras as 53 Cities Cancel Over Unauthorized Federal Data Access' (June 2026) - network scale and contract-cancellation figures(techtimes.com)
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