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SAN DIEGO (KGTV) -- A new report by the California State Auditor says some law enforcement agencies are using automated license plate readers without legally required oversight procedures, which could leave drivers vulnerable to a host of privacy concerns including data breaches and even blackmail.The Electronic Frontier Foundation called the audit a “damning assessment of how California law enforcement agencies use this mass-surveillance technology.”Nearly every local law enforcement agency in San Diego County uses the automated readers, although none were audited in the report released Wednesday. In survey responses to the state, nine local agencies confirmed use of the camera systems; Oceanside Police Department did not respond to the survey. An automated license plate reader (ALPR) can be mounted at intersections or on patrol cars. It scans license plates to figure out if a vehicle is connected to a crime. The images are then stored in databases and “reveal the daily patterns of vehicles that can be linked to individuals and their activities—most of whom have not engaged in criminal activity,” the audit notes. The report looked at four agencies in depth: Fresno Police Department, Los Angeles Police Department, Marin County Sheriff’s Office, and Sacramento County Sheriff’s Office. It found concerns with the way those agencies are storing images on third-party servers, and a lack of oversight to ensure people with access to the databases don’t run searches for personal use or blackmail.“A member of law enforcement could misuse ALPR images to stalk an individual or observe vehicles at particular locations and events, such as doctors’ offices or clinics and political rallies. Despite these risks, the agencies we reviewed conduct little to no auditing of users’ searches,” the report concluded.None of the four agencies was fully in compliance with a 2016 law requiring detailed written policies on automated license plate reader (ALPR) systems, according to the report.“In general, we determined that the law enforcement agencies we reviewed must better protect individuals’ privacy through ensuring that their policies reflect state law,” said California State Auditor Elaine Howle in a letter to the governor. “In addition, we found that these agencies must improve their ALPR data security, make more informed decisions about sharing their ALPR data, and expand their oversight of ALPR users.”The San Diego Police Department has 27 license plate readers attached to police vehicles. Smart streetlights do not have this technology, said Lt. Shawn Takeuchi.“Although we were not one of the agencies showcased in the state audit released today, we will be looking at the audit closely to ensure we are following best practices and ensuring our policy meets guidelines,” he said. 2817

SAN DIEGO (KGTV) - A man from El Salvador has been granted asylum in the United States after having been sent back to Mexico to await his trial.According to his attorney, Narciso Cruz, the man is only the second person to receive asylum who had been sent back to Mexico due to the Trump administration’s Migrant Protection Protocol (MPP.)“This individual is a bit of a rarity,” said Cruz, referring to his client’s success in court.But his story is not a rarity.Marcos fled violence in El Salvador and did no want to use his full name for this story, still fearing the gang he fled in El Salvador.“They’re a terrorist group,” said Marcos.He became targeted earlier this year after he tried to help his cousin who was being recruited by the gang. After he interfered, he started receiving death threats.“They will kill you and your entire family,” he said.He traveled to the United States, crossing the border on June 25 somewhere near Tecate.He said he wandered in the desert for five days before he was eventually picked up by Border Patrol agents and taken to a holding facility. Within a day he said he was sent back across the border to Mexico where he would wait for his case to be heard.The Trump Administration implemented the MPP in January. Despite some pushback from the courts, the policy, also called “remain in Mexico,” was allowed to go forward.As of September 1, the U.S government has sent 42,000 asylum seekers to Mexico, according to the Department of Homeland Security.As for Marcos, his case is not officially done yet. The government reserved its right to appeal the court’s decision. They have until October 25 to file an appeal. 1659

SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) -- A judge has ruled that the government can continue waiving environmental laws to proceed with construction of a U.S.-Mexico border wall.Judge Gonzalo Curiel issued the ruling Tuesday afternoon. The ruling allows 14 miles of border wall to be built southeast of San Diego.The ruling comes one day after the Washington Post reported that President Trump will visit border wall prototypes in mid-March. In early February, ABC News reported that the Center for Biological Diversity filed a lawsuit against the U.S. Department of Homeland Security to protect endangered butterflies. Environmentalists claim the Quino checkerspot butterfly and a number of other species could be in danger if construction of the border wall continues. California Attorney General Xavier Becerra said in a statement Tuesday afternoon that "A medieval wall along the U.S.-Mexico border simply does not belong in the 21st century.”Read the full statement below:“We remain unwavering in our belief that the Trump Administration is ignoring laws it doesn’t like in order to resuscitate a campaign talking point of building a wall on our southern border. We will evaluate all of our options and are prepared to do what is necessary to protect our people, our values, and our economy from federal overreach. A medieval wall along the U.S.-Mexico border simply does not belong in the 21st century.” 1440

SAN DIEGO (KGTV) -- A neighbor says San Diego Police were called to the home of YouTube personality McSkillet, whose real name was Trevor Heitmann, the morning of the deadly freeway crash.According to the CHP, the 18-year-old was in his McLaren sports car when he drove south in the northbound lanes of the 805 freeway near Sorrento Valley Thursday just before 5 p.m. He collided head on with an SUV. Both cars burst into flames.Aileen Pizarro and her 12-year-old daughter Aryana were killed instantly. Heitmann also died following the crash.A neighbor, who didn't want to be identified, says she's known the family roughly 15 years,"He was a normal kid, we went to elementary school with him and everything was totally normal," the neighbor said. "He went off to La Jolla Country Day from then on I mainly saw him playing basketball with a couple of guys in the street, " she said.She said once Heitmann started getting into online video games, he stopped playing basketball outside.The neighbor said she saw police at the family's Carmel Valley home Thursday morning just hours before the fatal crash."There were probably three police cars, I would guess five officers and they were talking to his mother out in the driveway," she said.She also noticed an SUV blocking the family's driveway. Heitmann's McLaren sportscar was in the garage and the door was open."Now it makes sense. It was actually blocking the McLaren that was sitting inside the garage," she said.Later that afternoon, she said her husband heard a crash."He saw the McLaren zoom away and then it was a little while later that we had the news on and saw that there was a horrific accident," she said.Shortly after, she said she saw a CHP officer talking to Heitmann's dad.She says that's when she learned from the boy's father that the family had been worried about the 18-year-old's behavior."He told me five days earlier, that Trevor had just snapped, that was the word he used. He started making threats, or started saying he was driving at high speed, down the wrong side of the street and through red lights and he said that's what prompted him to come to San Diego," said the neighbor, who added that the boy's parents were divorced and his dad lived in Colorado.She said the teenager's dad also shared with her that his son hit the SUV that was blocking the driveway and nearly hit him."He said he almost hit me. This was him going back to the context of saying he had just snapped. And I said, 'you mean hit you as a person,' and he said, 'yeah I was standing out here because we were supposed to go to a psychiatrist,'" she said.San Diego Police have not confirmed that officers were called to the family's home that morning. The family's attorney did not return a request for comment.RELATED: YouTuber identified in wrong-way I-805 crash that killed mother, daughterThe neighbor said she's coming forward because she wants people to know the family tried to get their son help."I can understand the police's point of view, that we have to have rights in case somebody is just saying something. My goal is that maybe, I don't know the level of information that police got, hopefully, we'll find that out. These people were obviously very concerned to the degree that they called the police, especially in the face, they are very private people," she said.Clinical Psychologist Michelle Marie Carcel said forcing a kid who is over 18 to get psychiatric help can be complicated. She said parents need to be clear when calling 911 that they think their child is a danger to themselves or others."The most important thing is to really stress that in the call. I am concerned that my child is going to hurt themselves or hurt someone else, that kind of urgency really triggers that response from the officers," said Carcel.We don't know the circumstances of the call that day or if officers had contact with the 18-year-old. 3930

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