This article is written by Aashna Nahar, from Amity Law School, Delhi. This article aims to analyse the technology used by the police personnel, its impact on them and the challenges it comes with.

Introduction

Technological advancement in the field of law enforcement is rapidly progressing. Governments all over the world are trying to incorporate state of the art technology in their law enforcement infrastructure to improve efficacy and ease of working. Let us analyse the concept of some of these technologies, the challenges they pose and whether they are a boon or a bane.

How has technology changed the work of law enforcement

Due to the rapid growth in the technology sector, the criminals are now committing crimes with the help of high tech devices. Most industries are becoming more and more tech-savvy and it seems the criminals have jumped aboard this bandwagon too. This has wreaked havoc for law enforcement officials.

Examples of technology used to commit crimes:

• Accessing your online information by sending you malware.
• Virtual kidnapping i.e making a ransom call pretending they have someone hostage when they don’t.
• Using apps that indicate the presence of police personnel to get away with crimes.

This means that to protect their communities, law enforcement now has to use innovative and advanced technology products as well. 

Use of computer technology by the police

Car cameras

Many patrol cars or police vehicles now have built-in cameras. These cameras are easy to install as it only consists of a control panel, a camera, and storage to record video. Some car cameras installed are so high tech that they automatically get triggered with the press of an emergency button by the police official. Other cameras need to be turned on physically. 

Advantages of car cameras

• It increases transparency in the functioning of the police.
• The footage can be used to clear any confusion or suspicion involving the actions of the police.
• It can be used to record evidence.

Limitations of car cameras

• Most of the car cameras used by the police are not very sophisticated. They can only be viewed in the same vehicle or downloaded to an external drive. 

Crime mapping

• Crime mapping is done by various algorithms to analyze in which areas, crimes are more likely to take place and who are the possible suspects. It does so by processing the data that has been fed into it concerning ex-convicts, dynamics of a neighbourhood, and its previous criminal history. Based on this, some geographical locations are identified as hot spots. This means that there is a greater chance of criminal activity taking place there. In such a scenario, more resources and police personnel should be allotted to such hotspots. 

Advantages of crime mapping

• It lessens the work burden and increases the efficiency of the police in solving crimes.
• Crimes can be prevented by having knowledge of potential risks. For example, Gang members/ Mafia members can be separated if they are in the same prison.
• It creates a stronger working relationship between the police and the community.

Limitations of crime mapping

• Crime mapping technology works through the Geographic Information System (GIS) software and is complex and expensive and thus making it impractical for most police departments.
• It requires an interdependence of various authorities and many are unwilling to work with each other.
• The community members refrain from reporting crimes in their area as they do not have faith in law enforcement.
• Crime mapping can sometimes be fed inaccurate information that emerges from biases and stereotypes.

Body-worn cameras (BWCs)

These are cameras that are used to photograph or record the involvement of a police officer while they are doing their duty. This is done to ensure transparency in the functioning of police officers. Depending on the kind of camera, it can be worn in various places like the head, chest, shoulder, or even attached to one’s glasses. They offer various advanced features like night vision, infrared, and differing degrees of vision.

Controversies surrounding body-worn cameras

• Body-worn cameras, although essential for the transparent functioning of the police, are expensive. Thus, many countries are apprehensive about bringing them in.
• The ambiguity around whether the consent of the policemen concerning wearing body cameras will be taken into account.

• Another question that remains unanswered is, who will have access to these recordings, and can it amount to a violation of the police personnel’s privacy?

• There is a chance that the superhuman features of the camera might overestimate the abilities of the policeman. For example, the recording may show a person in possession of arms whereas it may not have been possible for the policeman to see it.

Data mining

This is similar to crime mapping. Data mining means feeding all sorts of unrelated information into a system that analyses the data and in turn, shows a connection between the data. This is also known as predictive analytics. This is done by identifying hot spots i.e areas where crime is most likely to take place. It also identifies people who are more likely to commit a crime. Using such artificial intelligence, the police can anticipate crimes and thus stop them from happening. 

The crime investigators and analysts are already solving crimes by mining data on a small scale. Most law enforcement agencies have ready access to national databases with respect to crimes. Hence, using high-tech data mining tools would be far more effective in predicting and preventing crime.

License plate readers

Automatic License Plate Readers (ALPRs) are computer operated high-speed cameras that capture the photograph of the car. This includes the license plate and sometimes the driver or and the passengers.

Some key points about Automatic License Plate Readers: 

1. These cameras are usually attached to street lights, freeway exits, and especially police patrol cars.
2. If the car is going over the speed limit or in the wrong direction, a photograph of the car is uploaded to a common server. 
3. The license plate number then provides access to the driver’s driving history, places frequented, traffic violations, criminal involvement if any, etc.
4. A copy of the challan or fine is sent to the driver and a penalty may be charged accordingly.

Types of license plate readers

Stationery ALPR camera

This type of camera is fixed at stationery places like a pole or a traffic light. It can detect cars that pass by it within sight. These cameras are also strategically placed near gunshops, political rallies, or tolls.

Mobile ALPR camera

This type of camera is often attached to a police patrol car. Such a camera captures every license plate in its view while moving about the city. This camera is often turned on before the patrol begins and turned off only once it is over. 

Prevalence of technology in policing strategy in India

Implementation of technology in the policing strategy in India is picking up a rapid pace. This enhances the ease of working and efficiency for the police force. Many police departments are currently using blockchain, artificial intelligence, digital fingerprints, etc in their day to day functioning. 

• Maharashtra recently incorporated the Automated Multimodal Biometric Identification System or the AMBIS. This makes use of digital fingerprints and photographs from criminal databases. 
• Using AI and blockchain, Andhra Pradesh has come up with a system to check a person’s criminal history and if they are wanted. This is called a Real-Time Visitor Monitoring System.
• Delhi is planning to implement an International Traffic Management System (ITMS) and cameras that are attached to drones.
• Uttar Pradesh has developed an app through which they can identify criminals from the State Crime Records Bureau using their biometric features such as a photo or video of them.

Unintended consequences of the use of police technology

Technology often brings convenience to our lives and makes our job simpler. However, like everything else, it too comes at a price. 

The following are the unintended consequences of technology:

• Unreliable information

Techniques like crime mapping and predictive analytics can be manipulated based on the stereotypes and biases that a person has. This is because ultimately it is a human being that is feeding information into the system which will then predict criminal tendencies. For example, It might lead to racial profiling. 

• Distractions for police officers

It is challenging for officers to keep juggling between devices during their duty. For example, an officer while patrolling may get computer dispatched calls that are connected to their vehicle’s computer. This can be a hindrance while driving. 

• Complexity is a cause of stress

The complexity of the technology and the expectation to quickly adapt to it, has left many police officers, feeling frustrated and stressed. Proper workshops that will train them to successfully manage new technologies are required.

• Inefficiency can cause trouble

Sometimes the technology may not work when needed and that may cause trouble for the officer. For example, some officers have been made to use tasers or less-lethal weapons instead of guns. If these do not work when required, the officer may end up defenseless. 

Landmark judgements 

• In the case of Selvi vs. State of Karnataka, it was held by the Supreme Court of India that polygraph or lie detector tests used by investigative agencies were only to be conducted voluntarily. If conducted involuntarily, it will amount to a violation of Article 20(3) of the Constitution of India i.e. the right against self-incrimination. It also laid down the guidelines to be followed while conducting a polygraph test.
• In Justice K.S. Puttaswamy vs. Union of India, the Apex Court held that unregulated data collected by law enforcement agencies amounts to a violation of the right to privacy. Besides, it was observed that during protests, the police officials click pictures or scan the biometrics of a person without their consent. These actions of the police are often said to be protected under Section 31 of the Police Act, 1861 as a “requirement of public duty”. However, this cannot supersede Article 19 of the Constitution which guarantees freedom of expression. In this case, the Supreme Court called for laws protecting data privacy.
• The Fourth Amendment in the United States mandates that individuals cannot be searched without warrants. This is to protect the freedom and privacy of the individuals. In the case of Kyllo v. United States, it was held that applying the Fourth Amendment, even though difficult while deciding a case, is necessary.
• Dealing with tracking of persons using their mobile location, in the case of Carpenter v. United States and tracking of persons using thermal means, in United States v. Jones stated that an expectation from law enforcement of maintaining privacy while collecting personal data was completely valid. These precedents can also be applied to using face scanners during protests. 

Critical analysis

Most of these measures are at a nascent stage where they have not been implemented on a large scale yet. The police in India is lacking an integrated network wherein information and records are accessible by one another. This is because the police structure in India is very large and complex. There are many departments within a state, some stations being in remote villages which makes coordination between these departments very limited. This creates a lack of communication between the police departments. Besides, unlike the United States, national databases for criminals and gangs which contain their history, demographics, and biometrics do not exist in India. These are huge gaps that need to be addressed. 

In addition to this, the constables which are working at the grass-root level often emerge from rural areas. This means that they are not well versed in technology. Generally speaking, the Indian police functioning is still outdated and is facing challenges in matching up to the rapid advancement of technology. This can also be attributed to these above-mentioned technologies being exorbitantly priced and thus out of reach for the police departments. 

Conclusion

With the advent of technology, the jobs of the police personnel have been made easier. Tools like predictive analytics and crime mapping have the potential to anticipate crimes and apprehend suspects, which is game-changing. The challenge however lies in the successful implementation of such technologies. However, an informed decision must be made before implementing a technological tool i.e the consequences of its use must be studied well.

References

• https://www.jurist.org/commentary/2020/08/seshadri-sindhu-facial-recognition-technology-in-protests/ 
• https://government.economictimes.indiatimes.com/blog/to-get-best-out-of-technology-indian-police-must-ditch-the-silos/3972 
• https://www.police1.com/american-military-university/articles/unintended-consequences-of-technology-in-policing-EQhuM6wsvpCNKqYF/ 

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