Federal Judge Rules Flock Safety Search Violated Fourth Amendment Rights

A federal judge ruled this week that a Tulsa, Oklahoma sheriff’s deputy violated a woman’s Fourth Amendment rights by using Flock Safety to search for her license plate without a warrant. According to 404 Media, this ruling does not create a binding precedent but marks one of the first instances where a federal judge has deemed a Flock search unconstitutional. Judge Sara Hill stated that the deputy should have obtained a warrant before accessing the Flock database for the woman’s license plate, as he had 'no apparent reason' for the search 'other than the fact that [the woman’s vehicle] had a California license plate.' The deputy subsequently used the woman’s travel history in Flock as justification for searching her vehicle, where he allegedly found 91 pounds of meth. However, Judge Hill noted that all evidence obtained after the Flock search 'must be suppressed as the fruit of a poisonous tree.' The judge also criticized warrantless searches of the Flock database, arguing that tracking individuals’ locations, even in public spaces, raises constitutional concerns when law enforcement can 'indiscriminately and passively catalog your whereabouts over an extended period of time.' Judge Hill described this practice as 'indiscriminate mass surveillance,' emphasizing that it collects information about all vehicles passing by any network-connected camera and provides that information to law enforcement on demand. This ruling aligns with growing criticism of Flock from various political perspectives, with several local and state governments, including those in Florida and Texas, announcing plans to discontinue the use of the technology. Additionally, Senator Bernie Sanders introduced the Block Flock Act, which seeks to prohibit federal agencies from utilizing automated license plate readers like Flock. Flock CEO Garretty Langley has called for a 'compromise' between privacy and safety and has expressed regret to women who have been stalked by law enforcement using the Flock system. In response to the backlash, Flock has reportedly offered voluntary employee buyouts to reduce its workforce.