Bolduc, 020718 NEAGO, AGO 19-2

Case DateFebruary 07, 2018
CourtNebraska
Colonel John A. Bolduc
AGO 19-2
No. 19-022
Nebraska Attorney General Opinion
State of Nebraska Office of the Attorney General
February 7, 2018
         SUBJECT: Application of Neb. Rev. Stat. § 20-504(3)(b) (Cum. Supp. 2018) to the TraCS database system administered by the Nebraska State Patrol          REQUESTED BY: Colonel John A. Bolduc Superintendent of Law Enforcement Nebraska State Patrol          WRITTEN BY: Douglas J. Peterson, Attorney General, Laura A. Nigro, Assistant Attorney General          INTRODUCTION          You have requested an opinion from this office asking us to determine the application of Neb. Rev. Stat. § 20-504(3)(b) (Cum. Supp. 2018) to the TraCS database system, which is administered by the Nebraska State Patrol. Specifically, you ask whether auto populating the TraCS system with race information obtained from Department of Motor Vehicles issued license barcodes comports with § 20-504(3)(b). For the reasons set forth below, we conclude that auto population of the TraCS database with race information is consistent with § 20-504(3)(b).          BACKGROUND          The TraCS database is a system administered by the Nebraska State Patrol ("NSP"). TraCS is a data collection, records management, and reporting software system. It is used by law enforcement agencies to collect information during motor vehicle stops for use in generating eCitations, violation and warning forms, accident forms, and various other law enforcement specific forms. The system is currently being used by the NSP as well as twenty other agencies across the state. The NSP began using the TraCS system across the entire agency in 2012. Prior to 2012, only a portion of the agency used the system. During a motor vehicle stop, an officer scans a driver's Nebraska Department of Motor Vehicles issued license,[1] and the TraCS database is auto populated with certain information, including race, for use in generating eCitations and other documents. Prior to 2012, an officer manually entered information into the TraCS database or used a paper form to collect the race information. Starting in 2012, officers were able to begin scanning driver's licenses to auto populate the TraCS database. The NSP provides training to all users of the TraCS system. The training directs officers to change the race field if the officer's perception differs from that which...

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