A federal judge in Oklahoma ruled Thursday that a police officer violated the Fourth
Amendment rights of a woman accused of meth trafficking when he searched
her license plate in Flock’s automated license plate reader system simply
because her license plate was from California, then used her travel history as
part of the reason to search her car. The judge’s opinion is one of the first
times a federal judge has decided Flock searches can be unconstitutional, and
suggested that Flock’s network is “a type of indiscriminate mass surveillance,” reported 404 Media.
The officer’s “use of the ALPR Systems was an
Unconstitutional Warrantless Search,” and “was not supported by probable cause,
and it was done without a warrant in violation of [the defendant’s] Fourth
Amendment rights,” the judge, Sara Hill, wrote, implying that the law
enforcement officer should have obtained a warrant before searching for the
vehicle in Flock’s system. There are currently more than a hundred thousand
warrantless searches of the Flock system every month, according to audit logs
viewed by 404 Media. Hill's decision will not set a binding precedent and there
are several other cases throughout the nation considering the legality of
warrantless ALPR searches.
Hill argued that previous judge opinions saying Flock
searches were not a Fourth Amendment violation because they track cars in
public do not consider the context that Flock’s nationwide network is quickly
“approaching dragnet-type law enforcement practice,” and that courts should
update their understanding of the technology moving forward.
The circumstances of the court case are really
interesting and highlight how commonplace Flock searches have become for
police, and the depth of the information they can reveal. In May, a Tulsa
County Deputy Sheriff named Freddie Alaniz was parked along the side of the
highway in Oklahoma when he saw a Mazda SUV driven by a woman named Melisa Kyle
with a California license plate pass by. “Alaniz then pulled his vehicle on the
highway to follow the Mazda for no apparent reason other than the fact that it
had a California license plate. Alaniz also ran a query on the Flock system for
the California license plate number on the Mazda SUV,” Hill wrote. Alaniz then
ostensibly pulled Kyle over for changing lanes without a turn signal.
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