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For a law enforcement officer to stop you, they must have a “reasonable articulable suspicion” that criminal activity is underway.  One issue that gives rise to being stopped is a little known requirement that motorists move over when they see emergency flashing lights on or adjacent to the highway.

You’re driving on the highway and see flashing lights what do you do? Well, it’s what you don’t do that could cost you.

In 2001, a law requiring motorists on Maine’s roadways to slow down and/or pull over for an emergency vehicle was implemented. Title 29-A §2054-9 the “Move Over” law requires the operator of a vehicle who is passing a stopped emergency vehicle using an emergency light, or a stopped public service vehicle using its authorized lights, to use due regard to the safety and traffic conditions, requiring that the driver:

The use of electronic surveillance by law enforcement is quickly approaching critical mass across the United States. Between the Internet, street-level surveillance camera systems, GPS tracking technology and automated license plate recognition systems (ALPRS, “automated license plate recognition system” is 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), the amount of information that could be available to the government about your life and activities is extremely interesting. And not necessarily interesting in a good way.

The Maine Legislature has concerns about the impact that non-court regulated police surveillance activities could have on our lives.  In the last session, the Legislature limited the use of automated license plate recognition systems to the police, Maine Department of Transportation and Maine Turnpike Authority.  It also limits the storage of the data to twenty-one (21) days unless specific data is considered intelligence or investigative information or commercial vehicle screening data. 29-A M.R.S.A. § 2117-A.

But is this enough?  When you leave your home to go shopping, do you expect that the police are going to scan your license plate, tag it in the computer and potentially track your activities by making a record of where you were on a particular date and time?  Will they or do they have the ability to instantaneously cross-reference that tag to your driving record? There is nothing in the modified law to stop law enforcement from posting a ALPRS on the road into and out of your town, thus tracking who is coming and going. The ALPRS could prove I was at the bakery and off my diet!  Triangulate the ALPRS with credit/debit card data or Transpass and my day-to-day movements are locked-down.

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