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Federal Judge Finds Flock Data Use by Law Enforcement Violates Fourth Amendment

She decided, “This is a type of indiscriminate mass surveillance.”

Federal Judge Sarah Hill ruled that a Tulsa County sheriff’s deputy’s use of Flock automated license plate reader data (ALPR) led to a search that violated the Fourth Amendment. The judge ordered evidence to be suppressed that was found in the search after the deputy accessed a month’s worth of Flock data during a traffic stop.

Judge Hill determined that the initial stop was reasonable, but that the ALPR search was unconstitutional. She said that technology is “approaching the dragnet type law enforcement practice“ the Supreme Court cautioned against in a 1983 decision.

“This is a type of indiscriminate mass surveillance,” Judge Hill wrote. “It is a tool that collects information about all vehicles that pass by any network-connected camera at all times, and it serves up the information to law enforcement on demand.”

“No doubt, ALPR technology comes with remarkable benefits that the Court cannot ignore,” Judge Hill stated. “But the Fourth Amendment requires courts to draw a line when the cost is too great.”

Last month, Senator Josh Hawley of Missouri sent a letter to Flock that requested information and documentation about police departments misusing the ALPR technology. He also inquired about data retention policies, surveillance capabilities, and safeguards.

As the Lord Leads, Pray with Us…

  • For Judge Hill and other federal judges as they hear and decide cases regarding law enforcement surveillance, searches, and ALPR technology.
  • For Senator Hawley and federal and state legislators as they investigate the policies of Flock regarding its retention of information and safeguards against misuse of the technology.

Sources: Washington Examiner, KFOR OKC, Politico

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