The San Francisco Board of Supervisors on Tuesday approved the police department’s surveillance technology policy, allowing SFPD to use a tracking device on cars during pursuits.
“We should give law enforcement tools that can help prevent dangerous pursuits and improve apprehension of serious offenders, but only with clear restrictions, accountability and public oversight based on the policy before us,” said Supervisor Alan Wong at Tuesday’s meeting. “I believe those safeguards are in place.”
As part of Proposition E, which voters approved in November 2024, the department is allowed to acquire and use new surveillance technologies for up to one year as a pilot. After one year, the Board must take action on approving a surveillance technology policy that would allow the department to continue using the new technology.
A new piece of equipment in SFPD’s technology policy that has drawn skepticism from some supervisors is “StarChase,” a GPS device being implemented by more and more law enforcement agencies.
The tech involves a projectile device that is attached to the front of a police cruiser and contains a GPS tag. When activated by an officer, the tag is released and affixes to a suspect’s vehicle.
“The purpose of StarChase, specifically, is short-term tracking for contemporaneous apprehension, allowing officers to disengage from vehicle pursuits while maintaining the ability to locate a fleeing vehicle or suspect,” said SFPD government affairs manager Carl Nicita at the meeting.
Police chases in San Francisco have led to dangerous outcomes. In February, a bystander driver was injured when a police car crashed into their car during a pursuit. Last year, a car crashed into a parklet at a bar during a police chase, ending in several people being injured.
“This does reduce the opportunity or chance of collision and injuries to either officers, suspects or members of the public,” Nicita said.
Fears over racial impact, trust
But a few supervisors have had concerns that its use could infringe on Fourth Amendment rights and civil rights.
“Without proper safeguards, this technology can be misused,” said Supervisor Shamann Walton at the meeting. “We know it’s disproportionately going to affect people of color and erode trust between community and law enforcement.”
Two weeks ago, the Board heard the item but decided to continue it to a later date so that SFPD could address some of the concerns raised by Walton and Supervisor Connie Chan.
They pointed out how an SFPD officer was accused of misusing Flock license plate readers to track his wife’s stolen car.
“For this matter, specifically, it was fully investigated by the department’s internal affairs division… t he policy issue involved was a conflict of interest,” Nicita said. “I think it’s important to recognize here that the safeguards in place for these technologies are what in fact, the department used to investigate the allegation of misuse.”
Chan and Walton also questioned if the device could violate the Fourth Amendment, which protects people against unreasonable searches and seizures.
“It is our collective responsibility to ensure that the city balances safety and privacy when we’re deploying technology,” Chan said. “When we approve these policies, we indeed need to make sure the departments can follow through with the safeguards necessary to create that balance.”
“We know it’s disproportionately going to affect people of color and erode trust between community and law enforcement.”
Supervisor Shamann Walton
Nicita explained that the use of StarChase is limited to “exigent circumstances,” or when there is an immediate need for officers to protect the safety of the public. Thus, officers can use the technology without a warrant if they believe that not doing so would risk public safety.
The policy would also prohibit officers from using StarChase trackers to harass, intimidate, or discriminate against people on the basis of race, religion, gender and other personal identifiers. The surveillance technology would also not be allowed to be used for immigration enforcement or non-law enforcement purposes.
The uses of the devices also go through an oversight process through the Committee on Information Technology, which is San Francisco’s governing body for technology.
Nicita’s answers appeared to quell some of Chan’s concerns. She and the rest of the Board voted in favor of the policy, except for Walton.
“I can’t support this technology at this time,” Walton said. “I wish that we wouldn’t move forward with this because of the possible impacts on certain communities.