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Marin County Sheriff Sued for Illegally Sharing Drivers’ License Plate Data

This practice has violated two California laws, endangers the safety and privacy of local immigrant communities, and facilitates location tracking by police.

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An example of ALPRs (www.pasadenanow.org)

Marin County Sheriff Robert Doyle has been sued for illegally sharing millions of local drivers’ license plates and location data, captured by a network of cameras his office uses, with hundreds of federal and out-of-state agencies, such as Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), over a dozen other federal law enforcement agencies, and more than 400 out-of-state law enforcement agencies.

This practice has violated two California laws, endangers the safety and privacy of local immigrant communities, and facilitates location tracking by police.

The suit seeks to end the sheriff’s illegal practice of giving hundreds of agencies outside California access to a database of license plate scans used to identify and track people, revealing where they live and work, when they visit friends or drop their kids at school, and when they attend religious services or protests.

The lawsuit was filed in Marin County Superior Court by the ACLU Foundations of Northern California, Southern California, and San Diego and Imperial Counties, the Electronic Frontier Foundation (EFF), and attorney Michael T. Risher representing community activists Lisa Bennett, Cesar S. Lagleva, and Tara Evans, who are longtime Marin community members.

License plate scans occur through Automated License Plate Readers (ALPRs): high-speed cameras mounted in a fixed location or atop police cars moving through the community that automatically capture all license plates that come into view, recording the exact location, date, and time that the vehicle passes by.

The Marin County Sheriff’s Office scans tens of thousands of license plates each month with its ALPR system. That sensitive personal information, which includes photographs of the vehicle and sometimes its driver and passengers, is stored in a database.

The sheriff permits hundreds of out-of-state agencies and several federal entities, including the Department of Homeland Security, to run queries of a license plate against information the sheriff has collected. The agencies are also able to compare their own bulk lists of vehicle license plates of interest, known as “hot lists,” against the ALPR information collected by the sheriff’s office. 

“In the hands of police, the use of ALPR technology is a threat to privacy and civil liberties, especially for immigrants. Federal immigration agencies routinely access and use ALPR information to locate, detain, and deport immigrants. The sheriff’s own records show that Sheriff Doyle is sharing ALPR information with two of the most rogue agencies in the federal government: ICE and CBP,” said Vasudha Talla, immigrants’ rights program director at the ACLU Foundation of Northern California. “Police should not be purchasing surveillance technology, let alone facilitating the deportation and incarceration of our immigrant communities.”

California’s S.B. 34, enacted in 2015, bars this practice. The law requires agencies that use ALPR technology to implement policies to protect privacy and civil liberties, and specifically prohibits police from sharing ALPR data with entities outside of California. 

The sheriff also violates the California Values Act (S.B. 54), also known as California’s “sanctuary” law. Enacted in 2018, the law limits the use of local resources to assist federal immigration enforcement.

“The information unveiled through this lawsuit shows that the freedoms that people think they possess in Marin County are a mirage: people cannot move about freely without being surveilled,” said Bennett. “Our county sheriff, who has sworn to uphold the law, is in fact violating it by sharing peoples’ private information with outside agencies. This has especially alarming implications for immigrants and people of color: two communities that are traditionally the targets of excessive policing, surveillance, and separation from loved ones and community through incarceration or deportation.”

The Marin County Post’s coverage of local news in Marin County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.

Arts and Culture

IN MEMORIAM: Autris Paige

Paige performed regularly at Four Seasons’ Yachats Music Festival in Oregon from 1983-2017, with artists from around the world. Puerto Ricans Ilya and Raphael LeBron, soprano and baritone, remember him: “He leaves us with a warm memory of the simplicity that made him great: as a human being, as a friend and as a masterful artist!” Baritone Anthony Turner of New York says: “Autris was the embodiment of class and elegance. He delivered every song with a warm silken tone and economy of gestures. Autris gave of himself, his truth, his joy and love.”  Pianists Dennis Helmrich and Gerald Hecht often collaborated with Mr. Paige said: “Autris Paige was among the most intuitively refined musicians we have encountered: a pure pleasure and a cherished memory.” Pianist Jeongeun Yom, pianist, responds,”Autris will be remembered for his kindness, cheerfulness, and above all for his voice, with which he touched  the listeners’ heart.”

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AUTRIS T. PAIGE grew up in Oakland, California where he attended Star Bethel Church and graduated from McClymonds High School. He received a Bachelor of Arts degree from San Francisco State before pursuing advanced studies in musical theatre at the University of Southern California.
AUTRIS T. PAIGE grew up in Oakland, California where he attended Star Bethel Church and graduated from McClymonds High School. He received a Bachelor of Arts degree from San Francisco State before pursuing advanced studies in musical theatre at the University of Southern California.

August 17, 1938 – January 12, 2023

AUTRIS T. PAIGE was the youngest child born to Estella and Overton Paige in Sugar Land, Texas on Aug. 17, 1938.  He passed away on Jan. 12, 2023 in Oakland after a brief illness.  He was supported and comforted by his longtime companion Donna Vaughan.

Mr. Paige grew up in Oakland, California where he attended Star Bethel Church and graduated from McClymonds High School. He received a Bachelor of Arts degree from San Francisco State before pursuing advanced studies in musical theatre at the University of Southern California.

He served in the U.S. Air Force.

In 1971, he made his debut with the Los Angeles Civic Light Opera, appearing in Candide at the Los Angeles Music Center and at the Curran Theatre in San Francisco. He appeared with Ray Charles and the American Ballet Theatre and performed in several musical theatre productions on Broadway including Lost in the Stars; Don’t Bother Me, I Can’t Cope; as Walter Lee in Raisin; and in Timbuktu with Eartha Kitt.

Mr. Paige has also sung with the New York City Opera, the Houston Grand Opera, the Metropolitan Opera and with the San Francisco Opera. Other opera companies in which he performed include the Seattle Opera and the Glyndebourne Opera in England. He was featured in the PBS film and award-winning EMI recording of Porgy and Bess as well as the recording of the opera X, The Life and Times of Malcolm X.

When he returned to Oakland to “retire” he met Dr. W. Hazaiah Williams, Founder and Director of Today’s Artists Concerts (now Four Seasons Arts), who auditioned Paige and invited him to perform on his series. Mr. Paige began a new phase of his musical career.

He appeared many times under the auspices of Today’s Artists Concerts/Four Seasons Arts in New York’s Alice Tully Hall and in venues around the Bay Area in their Art of the Spiritual programs. He was featured in his own Spiritual Journey in 2009. His recently released solo CD, Spiritual Journey, based on this program, has received critical acclaim.

Paige performed regularly at Four Seasons’ Yachats Music Festival in Oregon from 1983-2017, with artists from around the world. Puerto Ricans Ilya and Raphael LeBron, soprano and baritone, remember him: “He leaves us with a warm memory of the simplicity that made him great: as a human being, as a friend and as a masterful artist!” Baritone Anthony Turner of New York says: “Autris was the embodiment of class and elegance. He delivered every song with a warm silken tone and economy of gestures. Autris gave of himself, his truth, his joy and love.”  Pianists Dennis Helmrich and Gerald Hecht often collaborated with Mr. Paige said: “Autris Paige was among the most intuitively refined musicians we have encountered: a pure pleasure and a cherished memory.” Pianist Jeongeun Yom, pianist, responds,”Autris will be remembered for his kindness, cheerfulness, and above all for his voice, with which he touched  the listeners’ heart.”

In 2011, Mr. Paige was featured in Four Seasons Arts’ annual W. Hazaiah Williams Memorial Concert with the Lucy Kinchen Chorale and later with soprano Alison Buchanan. In 2013, he performed his Spiritual Journey II in Berkeley with pianist Othello Jefferson. A second CD entitled Classics and Spirituals was released in September 2013. Pianist Jerry Donaldson of Oakland was a frequent collaborator with Mr. Paige, performing throughout the Bay Area.

A Celebration of Life for Autris Paige will take place Friday, Feb. 3 at 11:00 a.m. at Third Baptist Church of San Francisco, 1399 McAllister Street, San Francisco.

A repast will follow the service.

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Activism

16th Annual MLK Day of Service on the Richmond Greenway

The 16th annual MLK Day of Service in Richmond honoring the legacy of Dr. Martin Luther King Jr.  was held Jan. 16 with a day of service to the community and activities for families on the Richmond Greenway.

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“…Everybody can be great because everybody can serve.” – Dr. Martin Luther King, Jr.

The 16th annual MLK Day of Service in Richmond honoring the legacy of Dr. Martin Luther King Jr.  was held Jan. 16 with a day of service to the community and activities for families on the Richmond Greenway.

The event was hosted by Urban Tilth and the City of Richmond. Event partners were Groundwork Richmond, Rich City Rides, Moving Forward, Hope Worldwide, The Watershed Project, Contra Costa Resource Conservation District, Building Blocks for Kids, City of Richmond, Cal Cameron Institute, Friends of the Richmond Greenway; and Pogo Park.

The celebration made possible with the support of the Hellman Family Foundation, City of Richmond, and hundreds of individual donors.

The day’s schedule included volunteer projects along the Richmond Greenway and a Martin Luther King, Jr. memorial and community celebration at Unity Park.

Among the community service projects were opportunities to take part in projects to transform and beautify the Richmond Greenway Trail, like tending to the Greenway Gardens, trash pickup, and planting native plant and trees.

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Bay Area

Report Reveals California Cops Explicit Bias against African Americans

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public. 

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The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 
The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 

By Stacy M. Brown | NNPA Newswire

A new report has revealed that California law enforcement officers searched, detained on the curb or in a patrol car, handcuffed, and removed from vehicles more individuals perceived as Black than individuals perceived as white, even though they stopped more than double the number of individuals perceived as white than individuals perceived as Black.

California’s Racial and Identity Profiling Advisory Board’s report gathered information from 18 law enforcement agencies.

The data revealed that officers stopped 2.9 million individuals in 2020. Most were African Americans and members of the LGBTQ community.

The agency said that the data included what officers “perceived” to be the race, ethnicity, gender, and disability status of people they stopped, even if the perception was different from how the person identified.

According to the data, authorities search African Americans 2.4 times more than whites and disproportionately more than other racial and ethnic groups.

It also found that individuals officers perceived as transgender women were 2.5 times more likely to be searched than women who appeared cisgender.

Data for the report came from the state’s most important law enforcement agencies, like the California Highway Patrol.

However, the highway patrol didn’t include data analyzing stops based on gender identity.

All agencies must report the data in 2023.

“The data in this report will be used by our profession to evaluate our practices as we continue to strive for police services that are aligned with our communities’ expectations of service,” Chief David Swing, co-chair of the Board and past president of the California Police Chiefs Association, said in a statement.

The report further showed that Black and Hispanic individuals were more likely to have force used against them compared to white individuals, while Asian and other individuals were less likely.

Specifically, the odds of having force used during a stop were 1.32 times and 1.16 times as high for Black and Hispanic individuals, respectively.

Asian and other individuals whom officers stopped had lower odds of having force used against them (0.80 and 0.82, respectively) relative to the odds for those perceived as white.

Search discovery rate analyses showed that, when officers searched individuals, all races, or ethnic groups of color, except for Asian and Middle Eastern/South Asian individuals, had higher search rates despite having lower rates of discovering contraband than individuals perceived as white.

Furthermore, a search and discovery rate analysis show that officers searched people perceived to have a mental health disability 4.8 times more often and people perceived to have other types of disabilities 2.7 times more often than people perceived to have no disability.

Still, they discovered contraband or evidence at a lower rate during stops and searches of people with disabilities.

Officers used force against individuals perceived to have mental health disabilities at 5.2 times the rate at which they used force against individuals they perceived to have no disabilities.

The data show that Black and Hispanic/Latinx individuals are asked for consent to search at higher rates than white individuals.

Officers searched Black, Hispanic/Latinx, and multiracial individuals at higher rates for consent-only searches than all other racial/ethnic groups.

These consent-only searches resulted in lower rates of discovery of contraband (8.5%, 11.3%, and 13.0%, respectively) than searches of all other racial and ethnic groups.

The reason for the stop was a traffic violation in more than half of the stops where officers conducted a consent-only search (consent being the only reason for the search) of Black, Hispanic/Latinx, and Middle Eastern/South Asian individuals.

On the other hand, less than 30% of the consent-only searches of white people happened during traffic stops.

The people who wrote the report said that searches based on consent alone lead to fewer discoveries than searches based on reasonable suspicion or probable cause.

With consent-only searches, the rate of finding something was 9.2 percentage points lower for Black people than for white people.

“Given the disparities in the data on consent searches, the board questions whether consent searches are truly voluntary,” the authors wrote.

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public.

The research shows that this natural power imbalance is evident in vulnerable groups, such as people with mental health problems or young people, who may be more likely to give in to authority.

“Indeed,” the authors wrote, “RIPA data reflects that for both people with mental health disabilities and youth, a larger proportion of their stops that began as consensual encounters resulted in searches, as compared to people without mental health disabilities or adults.”

Board members said they carefully looked at the data about people who were stopped and searched because of their status as people under supervision.

The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices.

For example, officers performed supervision-only searches – where supervision status is the only basis for the search – of individuals perceived as Black at 2.8 times the rate at which they performed supervision-only searches of individuals they perceived as white.

Similarly, officers also performed supervision plus searches – where the officer had some other basis to search the person – of Black individuals at 3.3 times the rate they performed supervision plus searches of white individuals.

The rates of discovering contraband for supervision-only searches were lower for all racial/ethnic groups than white individuals; Black individuals had the most considerable difference in their discovery rate (-11.4 percentage points) compared to whites.

Officers also reported a higher proportion of supervision-only searches during stops for traffic violations (46.9%) than during reasonable suspicion stops (24.6%).

“These were just a few of the many disparities discussed in the report,” board members noted.

“Given the large disparities observed, the Board reviewed efforts by various law enforcement agencies to limit inquiries into supervision status as well as stops and searches on the basis of supervision status.

“The RIPA data further indicates that the practice of conducting supervision-only searches shows racial disparities that result in low yield rates of contraband or evidence.”

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