West Caldwell Top Cop Defends Use Of Automatic License Plate Readers

WEST CALDWELL, NJ — West Caldwell is among the many New Jersey municipalities that are now using automated license plate readers – and they’ve been working out fine, the town’s police chief says.

Automated license plate readers (ALPRs) have become a common sight in New Jersey, where nearly every police department in the state – about 523 of them – is now using some form of the technology, NJ Advance Media reported earlier this year.

The devices use cameras and software to automatically capture, analyze and store vehicle license plate information. They’re not new: police have been using them for more than two decades.

Flock provides one of the most widely used ALPR systems, but it isn’t the only company that has been profiting off technology sales to police departments. Others include Axon, Vigilant Solutions (a subsidiary of Motorola Solutions), Genetec, PlateSmart, Innova Systems, Rekor, ELSAG, Perceptics, and Jenoptik.

Some civil rights groups have alleged that ALPRs are a threat to privacy, warning that cameras at intersections, neighborhood entrances and parking lots can track people who are not suspected of crimes and reveal routine trips to workplaces, medical clinics, religious centers or political events.

Other critics have raised questions about the potential misuse of the technology – including by police officers.

On the flip side of the coin, some law enforcement agencies have insisted that the technology is a valuable tool for solving crimes, recovering stolen vehicles and finding missing or endangered people.

In 2022, the devices helped West Caldwell police make an arrest in an aggravated assault case after a staff member at a local restaurant was attacked by three men in the parking lot, authorities previously reported.

Supporters of ALPRs include Dennis Capriglione Jr., chief of the West Caldwell Police Department, who recently penned a defense of the technology in a social media post.

Capriglione pointed to a statewide directive from the New Jersey Office of the Attorney General in 2022, which addressed the issue of automatic license plate readers. There are several safeguards built into the system, including limits on what staff members can access the data, search parameters and regular audits.

“We believe our residents deserve a balance whereby we can accomplish both effective law enforcement and appropriate protections for privacy,” he wrote. “These principles are not in conflict. With the proper safeguards, technology like ALPR can give our officers another valuable tool to prevent crime, respond to incidents, develop investigative leads, and hold those criminally responsible accountable.”

Read the chief’s full statement below:

“I’m sharing this post today because I believe it’s important to address some recent public comments and narratives about the West Caldwell Police Department and provide our community with accurate information directly.

“Since taking on the role of chief of the West Caldwell Police Department, I have always believed that transparency and open communication with the public we serve are extremely important. If anything, I would hope that my record reflects a willingness to share more information with our residents, not less, whenever doing so is appropriate and consistent with the law.

“Law enforcement is, and should remain, an apolitical profession. I take that responsibility very seriously. Our department does not serve based on political beliefs, personal opinions, or whether someone agrees with our policies or operational decisions.

“The West Caldwell Police Department serves everyone in our community. That includes those who strongly support our work, those who may have questions or concerns, and those who may disagree with some of our policies or how we operate.

“We may not always agree, but I believe we can have those conversations respectfully, honestly, and with the shared goal of making West Caldwell a safe and welcoming community for everyone.

“My commitment remains the same: to serve this community professionally, fairly, transparently, and without political influence.

“Over the past seven years, the West Caldwell Police Department has joined tens of thousands of law enforcement agencies nationwide in implementing an Automated License Plate Reader (ALPR) program as another awesome tool to help protect our community, respond more effectively to crime, and hold criminals accountable.

“The purpose of this program is very simple: PUBLIC SAFETY. We have leveraged this technology during this timeframe to dismantle organized criminal activity, including armed home invasions, high-end automobile theft, commercial and retail theft rings, robberies, burglaries, sex offenses, and missing persons cases just to name a few. Our annual audits show that our law enforcement agency personnel have never used any of this ALPR system data for improper purposes. We respect the community we serve and would never do anything to misuse the trust that you place in us.

“ALPR technology focuses on vehicles, NOT people. It captures license-plate images and vehicle-location information from license plates that are publicly visible, NOT those stored outside public viewable areas on private property. It does not automatically identify the driver or occupants of a vehicle, and access to personal identifying information is subject to strict legal requirements and established safeguards. In fact, personal identifying information is not contained within the system for law-abiding individuals who are driving around doing their daily responsibilities.

“So, how will ALPR help our community?

“First, it can help us respond to serious crimes. ALPR alerts can assist officers in locating stolen vehicles, vehicles associated with criminal investigations, missing or endangered persons, and other legitimate law-enforcement BOLOs.

“It can also, more importantly, help us solve crimes more efficiently. When a crime has already occurred, ALPR information can provide investigators with valuable leads by identifying vehicles that may have been associated with a specific incident. This can help officers develop leads more quickly and use their time and resources more effectively. Following an armed home invasion, our ALPR program assisted us within hours in identifying the vehicles used in the commission of the crime, and within 24 hours we had multiple people in custody and off the street in another part of the state.

“Another important benefit is regional cooperation. Criminal activity does not stop at the borders of West Caldwell. ALPR technology can allow law-enforcement agencies to share information through established statewide and regional systems, helping agencies work together when criminal activity crosses jurisdictions. This cooperation is also subject to Attorney General strict regulations where the information is required to be used in accordance with the NJ rules in place that are memorialized in a written agreement.

“This program is also about using taxpayer resources wisely. ALPR can provide investigators with important information more quickly and efficiently, allowing our officers to focus their time and resources where they are needed most, IN CATCHING THE BAD GUYS.

“At the same time, we understand that technology designed to enhance public safety must be accompanied by appropriate safeguards and accountability.

“The ALPR program is not a license to track people or conduct unrestricted searches. New Jersey's Attorney General ALPR Directive establishes specific requirements governing who can access ALPR data, why searches may be conducted, how information can be shared, how long it is retained, and how the system is audited.

“There are a number of safeguards built into the program.

“Only authorized and trained personnel may access stored ALPR data with appropriate log in credentials. Users must complete required training and refresher training every two years.

“Searches of stored non-alert data are limited to defined law-enforcement purposes, including BOLO queries, crime-scene queries, and crime-trend analysis.

“Access to the system and searches of stored information are documented and subject to auditing. ALPR data is generally retained for three years unless it is connected to an active investigation or pending judicial proceeding. Calls for reduced retention periods are governed by the Attorney General and applicable law. In many cases, these retention periods are needed for the sole purpose of investigating crime many months and in some cases years after the fact. Many missing persons and homicide cases, to name a few, go on for months and sometimes years and it may not be known to investigators that a specific vehicle was used in the crime. Purging this information too soon will undoubtedly reduce the likelihood of solving many crimes in our community and across this great nation.

“I will again reiterate that our agency is subject to an annual audit, reporting requirements, and strict oversight. Unauthorized use can result in criminal prosecution, discipline and the suspension or revocation of our agency's ALPR access.

“It is also important to understand that an ALPR alert does not automatically justify a traffic stop. An officer must independently determine what action is lawful based on the circumstances and applicable law.

“In accordance with Attorney General Directives, ALPR information may NOT be shared for civil immigration enforcement.

“Our goal is to use modern, emerging technology responsibly, transparently, and within the law to make West Caldwell a safer community.

“We believe our residents deserve a balance whereby we can accomplish both effective law enforcement and appropriate protections for privacy. These principles are not in conflict. With the proper safeguards, technology like ALPR can give our officers another valuable tool to prevent crime, respond to incidents, develop investigative leads, and hold those criminally responsible accountable.

“A smart community uses every lawful tool available to protect its residents while maintaining accountability and respect for individual rights. A smart community is also inherently a safer community.”

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