Duck NC PD

08-18-2025  Town of Duck Officers received an NCIC stolen vehicle hit on a vehicle entering Town. After using the active hit protocol to verify the validity of the hit, the vehicle was stopped. The driver was arrested and charged with felony unauthorized use of a motor vehicle, felony probation warrants (Virginia), and felony possession of methamphetamine. 08-20-2025 - Town of Duck Officers received a local hotlist alert on a vehicle entering Town. After using the active hit protocol to verify the validity of the hit, the vehicle was stopped. The driver was arrested on outstanding larceny warrants.

Use of Automatic License Plate Recognition Technology 425.1 PURPOSE AND SCOPE This policy establishes guidelines for the use, maintenance, training, data retention, and associated use of fixed and mobile automatic license plate readers operated by the Town of Duck Police Department in compliance with North Carolina General Statutes § 20-183.30, § 20-183.31, § 20-183.32, and § 20-183.33. 425.1.1 DEFINITIONS Automatic License Plate Reader (ALPR) System ( N.C.G.S. 20-183.30(1))  A system of one or more mobile or fixed automated high speed cameras used in combination with computer algorithms to convert images of license plates into computer readable data. ALPR Alert  A visual and auditory notice that is triggered when the ALPR determines that captured license plate data matches hot list data present in a database. ALPR Generated License Plate Data  Information, including location, date and time of a license plate reading, the optical character recognition interpreted data, and any ALPR generated digital photographic image(s) of a vehicles license plate and vehicle it is attached to, generated entirely by the ALPR. ALPR Operator  A sworn Town of Duck Police Officer, or a vetted staff member, properly trained in the use of ALPR technology, North Carolina State Law, and Departmental policy governing the use of ALPR generated license plate data. ALPR Search Reason - The justification entered when performing a search of ALPR generated license plate data, to ensure the search is for a valid law enforcement purpose. Active Hit Protocol - The verification process performed by an ALPR operator who has received an ALPR alert, to independently verify the validly of the ALPR alert. Ancillary ALPR Data  Data collected by an ALPR that does not contain optical character recognition interpreted data, ALPR generated digital photographic image(s) of a vehicles license plate or any identifiable vehicle. Ancillary ALPR Data is primarily vehicle traffic volumes calculated by the number of detections an ALPR system performs within a given time frame. Ancillary ALPR data holds no criminal justice or investigatory value and is not considered ALPR generated plate data for dissemination purposes. Axon Fleet Dashboard - Software that allows users to start and stop camera recording, play recorded videos, and add metadata to videos. The Dashboard also supports the Axon Automatic License Plate Recognition (ALPR) system notifications and responses. Criminal Justice Officer (N.C.G.S. 20-183.30(1d))  A criminal justice officer as defined in G.S. 17C-2 and justice officer as defined in G.S. 17E-2. Use of Automatic License Plate Recognition Technology - 2 Flock Safety Web Based Software - Program that provides ALPR alerting and search functions, as well as, integration with Axon Fleet ALPR and Axon evidence.com products. Flock Safety Microsoft Camera Management App - Application that provides ALPR alerting and search functions, as well as, integration with Axon Fleet ALPR and Axon evidence.com products. Flock Safety App for iOS - Application that provides ALPR alerting and limited search functions. Hot List  License plate numbers of stolen cars, vehicles owned by persons of interest in a criminal investigation, and vehicles associated with national criminal justice databases that are regularly updated. Hot list information can come from a variety of sources, including stolen and wanted vehicle information from the National Crime Information Center (NCIC), as well as AMBER, SILVER and BLUE Alerts. Hot lists serve an officer safety function as well as an investigatory purpose. ALPR operators may manually add license plate numbers to internal hot lists in order to be alerted if and when a vehicle license plate of interest is detected by an ALPR system. Law Enforcement Purpose (N.C.G.S. 20-183.30(5))  Any of the following: (a) Actions related to criminal investigations, arrests, prosecutions, post-conviction confinement, or supervision. (b) Apprehending an individual with an outstanding felony warrant. (c) Locating a missing or endangered person. (d) Locating a lost or stolen vehicle. Law Enforcement Agency (N.C.G.S. 20-183.30(2)) Any agency or officer of the State of North Carolina or any political subdivision thereof who is empowered by the laws of this State to conduct investigations or to make arrests and any attorney, including the Attorney General of North Carolina, authorized by the laws of this State to prosecute or participate in the prosecution of those persons arrested or persons who may be subject to civil actions related to or concerning an arrest. Missing or Endangered Person (N.C.G.S. 20-183.30(8))  A person who has been identified as a missing or endangered person by at least one of the following: (a) The National Criminal Information Center. (b) The National Center for Missing and Exploited Children. (c) A "be on the lookout" bulletin issued by a law enforcement agency. 425.2 POLICY The availability and use of automatic license plate readers provide opportunities for the enhancement of public safety, criminal investigations and officer safety. It is the policy of the Town of Duck Police Department that all officers abide by this policy and all applicable State Laws when using automatic license plate recognition technology and/or accessing ALPR generated plate data produced by automatic license plate reader systems. Use of Automatic License Plate Recognition Technology - 3 425.4 OPERATIONS Use of ALPR technology is restricted to official law enforcement business and may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using ALPR technology. No member of this department shall operate ALPR equipment or access ALPR generated license plate data without first completing department-approved training. No ALPR operator may access confidential department, state or federal data unless authorized to do so. An officer should follow the active hit protocol to verify an ALPR response through the Division of Criminal Investigation Network (DCIN) before taking enforcement action that is based solely on an ALPR alert (N.C.G.S. § 20-183.31). 425.4.1 ACTIVE HIT PROTOCOL Active hit protocol consists of the following steps: (a) Compare the ALPR alert to the translation to check for a misread, and (b) Compare the state listed in the ALPR alert to the state listed on the hot list to verify it matches, and (c) Run the license plate that generated the ALPR alert through the Division of Criminal Investigation Network (DCIN) to confirm the validity of the ALPR alert. 425.4 USE OF AUTOMATIC LICENSE PLATE READER DATA AND EQUIPMENT An officer shall follow the active hit protocol to verify an ALPR response through the Division of Criminal Investigation Network (DCIN) before taking enforcement action that is based solely on an ALPR alert. Pursuant to N.C.G.S. 20-183.31(b), data obtained by the Duck Police Department shall be obtained, accessed, preserved, or disclosed only for law enforcement or criminal justice purposes. Data shall not be used for the enforcement of traffic violations. Any member who violates the provisions of N.C.G.S. 20-183.30, 20-183.31, or 20-183.32 by illegally obtaining, accessing, preserving, or disclosing data obtained in accordance with the aforementioned statutes, may be found guilty of a Class 1 misdemeanor (N.C.G.S. 20-183.33). Further, misuse of ALPR equipment, software, or associated databases may also subject the user to disciplinary action. All ALPR generated plate data is the property of the Town of Duck Police Department. 425.5 ADMINISTRATION The Chief of Police will designate a command staff member to serve as ALPR Manager. 425.5.1 ALPR MANAGER RESPONSIBILITIES The ALPR Manager is responsible for: Use of Automatic License Plate Recognition Technology - 4 (a) The management of the Department's ALPR Program including administration and all aspects of the ALPR system(s) operation including, troubleshooting, repair and maintenance. (b) Overseeing all ALPR operator training. (c) Issuing login credentials to ALPR operators. (d) Conducting an annual audit of the Department's ALPR system use and its effectiveness. (e) Recommending policy changes to the Chief of Police. 425.6 REQUIRED TRAINING - N.C.G.S. 20-183.31(A)(4) No member of this department shall operate ALPR equipment or access ALPR generated license plate data without successfully completing the following training: (a) Flock Safety Alerts Tool Certification Course. (b) Flock Safety Search Tool Certification Course. (c) Axon Academy ALPR Training Course. Flock Safety Administrators must complete the Flock Safety Administrator Certification Training Course within 30 days of being designated as an administrator. 425.7 ALPR GENERATED LICENSE PLATE DATA SEARCHES Searches of ALPR generated license plate data are limited to a valid law enforcement purpose, or authorized training. 425.7.1 ALPR SEARCH REASON Each search of ALPR generated license plate data must include an ALPR search reason. The search reason will be the incident number associated with the search, or if unavailable, a brief statement justifying the legality of the search. 425.8 ALPR OPERATOR RESPONSIBILITIES On-duty ALPR Operators will: (a) Monitor Axon Fleet ALPR alerts by remaining logged into Axon Fleet Dashboard software on their mobile data terminal. (b) Monitor Flock Safety ALPR alerts by logging into Flock Safety Web Based Software, Flock Safety Microsoft Camera Management App, Flock Safety App for iOS, or by enabling ALPR alerts by text on your work or personal cellphone. (c) Upon receiving an ALPR alert, the ALPR operator will follow Active Hit Protocol to validate alerts. (d) Once an ALPR alert has been validated, the ALPR operator may take appropriate action based on the type of alert in accordance with state law, policy, and training. (e) Report any damage to ALPR systems to their immediate supervisor. Use of Automatic License Plate Recognition Technology - 5 425.9 SUPERVISORY OVERSIGHT - N.C.G.S. 20-183.31(5) Supervisors will: (a) Ensure officers are monitoring Axon Fleet ALPR alerts by remaining logged into Axon Fleet Dashboard software on their mobile data terminal. (b) Ensure officers are monitoring Flock Safety ALPR alerts through Flock Safety Web Based Software, Flock Safety Microsoft Camera Management App, Flock Safety App for iOS, or by enabling ALPR alerts by text on their work or personal cellphone. (c) Monitor ALPR usage by officers to ensure they are in compliance with this policy and North Carolina State Law. (d) Report any damage to ALPR systems to the ALPR Manager. 425.10 DATABASES/HOTLISTS USED The Duck Police Department shall maintain and memorandum of understanding with the N.C. State Bureau of Investigation (NCSBI) to memorialize the understanding between our two agencies regarding the transmission of information from the National Crime Information Center (NCIC) Vehicle File, License Plate File, and vehicle information from the NCIC Wanted Person File. Flock Safety and Axon will receive the (NCIC) Vehicle File, License Plate File, and vehicle information from the NCIC Wanted Person File (databases) from the NCSBI, on behalf of the Duck Police Department and will upload the data to fixed and mobile ALPR systems, at least once every 24-hours in accordance with N.C.G.S. 20-183.32(d). In addition, the Town of Duck Police Department will maintain an agency wide hot list of license plates significant to criminal investigations being conducted internally or in cooperation with another law enforcement agency. Individual ALPR operators may create and maintain their own hot list of license plates significant to criminal investigations being conducted internally or in cooperation with another law enforcement agency. 425.11 DATA STORAGE AND RETENTION (N.C.G.S.20-183.32) Captured plate data that has been captured by an ALPR system owned or leased by the Town of Duck Police Department shall not be preserved for more than 90 days after the date the data is captured, unless the captured plate data is subject to preservation for more than 90 days pursuant to any of the following: 1. A search warrant issued pursuant to Article 11 of Chapter 15A of the North Carolina General Statutes. 2. A federal search warrant issued in compliance with the Federal Rules of Criminal Procedure. 3. Upon the request of a law enforcement agency's written, sworn statement, that includes all of the following: Use of Automatic License Plate Recognition Technology - 6 (a) The location of the particular camera or cameras for which captured plate data must be preserved and the particular license plate for which captured plate data must be preserved. (b) The date or dates and time frames for which captured plate data must be preserved. (c) Specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing persons investigation or is needed to prove a violation of a motor carrier safety regulation. (d) The case and identity of the parties involved in that case. 425.11.1 ANCILLARY ALPR DATA Ancillary ALPR data is not governed by North Carolina State Law and is not subject to any retention or use regulations. 425.12 CRIMINAL JUSTICE INTERAGENCY ALPR GENERATED LICENSE PLATE DATA AND HOT LIST SHARING ALPR generated license plate data shall not be disclosed except to a criminal justice officer at a state or local law enforcement agency or a similar official at a federal law enforcement agency for a legitimate law enforcement purpose pursuant to a written request from the requesting agency. Requests may be in electronic format. The Duck Police Department will limit the sharing of its ALPR generated license plate data and its internal hot list to the following: (a) Federal law enforcement agencies nationwide. (b) State and local law enforcement agencies in North Carolina. 425.13 INTERNAL DATA SECURITY - N.C.G.S. 20-183.31(6) ALPR operators must have a valid username and password to access ALPR generated plate data through Flock and Axon software. 425.14 ALPR EQUIPMENT MAINTENANCE AND MODIFICATION - N.C.G.S. 20-183.31(C) All ALPR system maintenance, and calibrations (if applicable), performed by members or contractors shall be logged and maintained on file indefinitely. ALPR equipment shall not be modified without authorization from the Chief of Police. 425.15 PUBLIC DISCLOSURE OF RECORDS Captured plate data obtained in accordance with North Carolina Law is confidential and not a public record as that term is defined in N.C.G.S. 132-1. Captured plate data shall not be sold for any purpose. Use of Automatic License Plate Recognition Technology - 7 425.16 ANNUAL AUDITING AND REPORTING OF ALPR USE AND EFFECTIVENESS The ALPR Manager shall conduct an annual audit and presenting a report of the Department's ALPR system use and its effectiveness to the Chief of Police on or before November 1st of each year. 425.17 ALPR GENERATED LICENSE PLATE DATA CAPTURED OUTSIDE OF AN OFFICER'S JURISDICTION Pursuant to 421.4, the Axon Fleet in-car camera system shall remain on at all times when the patrol vehicle is in use. When an Axon Fleet in-car camera is on, it will detect and process license plate data. This will lead to the capture of license plate data outside of the Town of Duck during an officers commute and when an officer is out of his or her jurisdiction for approved travel. If an ALPR operator receives an ALPR alert while outside of his or her jurisdiction, if safe to do so, the ALPR operator should follow the active hit protocol. If the hit is confirmed, the ALPR operator should notify on-duty officers in the jurisdiction where the suspect vehicle was last seen. The officer will not take enforcement action unless requested to do so pursuant to a mutual aid request. Duck Police Department Duck Police Department Policy Manual Use of Automatic License Plate Recognition Technology Copyright Lexipol, LLC 2025/08/07, All Rights Reserved. Published with permission by Duck Police Department