Judge: Warrant Needed for Flock License Plate Searches

A federal judge determined this week that a Tulsa, Oklahoma sheriff's deputy infringed upon a woman's Fourth Amendment protections by using Flock Safety to search for her license plate without obtaining a warrant. This judicial decision, while not establishing binding precedent, represents a notable instance of a federal judge deeming a Flock search unconstitutional.

Judge Sara Hill specified that the deputy required a warrant prior to querying the Flock database for the woman's license plate, noting the absence of any apparent justification beyond the vehicle's California plates. The deputy subsequently utilized the woman's location history from Flock to support the search of her vehicle, where approximately 91 pounds of methamphetamine were allegedly discovered. However, Judge Hill concluded that all evidence derived from the Flock search must be excluded as "fruit of a poisonous tree."

Judge Hill also addressed broader concerns regarding warrantless access to the Flock database. She articulated that tracking individuals' movements, even in public spaces, becomes constitutionally questionable when law enforcement can indiscriminately and passively record whereabouts over extended periods and then leverage this data for any purpose at their convenience. This practice constitutes a form of indiscriminate mass surveillance, unlike targeted investigations, and gathers information on all vehicles passing Flock cameras, providing it to law enforcement upon request.

This ruling aligns with increasing criticism of Flock from diverse political viewpoints. Several state and local governments, including those in Florida and Texas, have announced their cessation of Flock technology usage. Furthermore, Senator Bernie Sanders introduced the Block Flock Act, aiming to prohibit federal agencies from employing automated license plate readers like Flock. Flock's CEO has acknowledged the need for a balance between privacy and safety and has apologized to women targeted by law enforcement using their system. In response to cancellations, Flock has reportedly offered voluntary buyouts to its employees.