Federal Judge Calls Flock Search Unconstitutional
A federal court has ruled that a warrantless search utilizing Flock Safety technology violated a woman's Fourth Amendment protections.
Radwan AbdulhadiEditor and technology writer
Warrantless Search Declared Unconstitutional
A federal judge ruled this week that a Tulsa, Oklahoma sheriff’s deputy violated a woman’s Fourth Amendment rights when using Flock Safety to search for her license plate without a warrant. As reported by 404 Media , this ruling does not establish a binding legal precedent, yet it marks a significant milestone as one of the first times a federal judge has declared a Flock search unconstitutional.
In the case, Judge Sara Hill determined that the deputy lacked an apparent reason for performing the database query other than the vehicle carrying a California license plate. Following the search, the deputy utilized the vehicle's travel history from the system to justify searching the car, where authorities allegedly discovered 91 pounds of methamphetamine. Judge Hill ruled that all subsequent evidence obtained must be suppressed.
Concerns Over Indiscriminate Mass Surveillance
Judge Hill extended her critique beyond the specific incident, addressing the broader implications of passive location tracking. She wrote that tracking individuals in public places becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog whereabouts over extended periods.
Comparing the technology to Supreme Court precedence like Carpenter v. United States , which examined how government agencies access cell phone location data, Judge Hill stated that the system collects data on all passing vehicles indiscriminately rather than targeting a single individual.
Growing Backlash and Legislative Action
The judicial decision aligns with a broader wave of criticism directed at the company from various political groups. Numerous local and state authorities, including Florida and Texas , have announced measures to block or halt the use of Flock cameras due to privacy concerns.
In response to ongoing privacy issues, Senator Bernie Sanders introduced the Block Flock Act , a legislative proposal aimed at barring federal agencies from utilizing automated license plate reader technologies.
Company Response and Workforce Shifts
Amid mounting regulatory hurdles and contract cancellations, Flock leadership has responded publicly to the criticism. Flock CEO Garretty Langley has called for a “compromise” between privacy and safety while issuing apologies regarding instances where law enforcement officers misused the system to stalk individuals.
Due to the wave of cancellations and shifting market conditions, the company has reportedly offered voluntary employee buyouts as part of an effort to downsize its workforce.
Sources
- TechCrunchFederal judge calls Flock ‘indiscriminate mass surveillance’
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