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Federal judge rules warrantless Flock license plate searches unconstitutional, calls them 'indiscriminate mass surveillance'

Senator Bernie Sanders introduces Block Flock Act to ban federal use of automated license plate readers as company reportedly shrinks workforce

By LineZotpaper
Published
Updated
Read Time2 min
Sources3 outlets
A federal judge in Oklahoma has ruled that a police officer's warrantless search of a vehicle's license plate using Flock Safety's automated license plate reader system violated the Fourth Amendment, marking one of the first federal decisions to declare the searches unconstitutional. The ruling came as Senator Bernie Sanders introduced legislation to ban federal agencies from using the technology, and Flock reportedly offered voluntary employee buyouts amid a growing backlash from states including Florida and Texas.

In a ruling issued Thursday, U.S. District Judge Sara Hill found that a Tulsa County deputy sheriff violated Melisa Kyle's Fourth Amendment rights when he searched her California license plate in Flock's system without probable cause or a warrant, simply because her plate was from out of state. The deputy then used the vehicle's travel history from Flock to justify searching her car, where 91 pounds of methamphetamine were allegedly found. Hill ordered all evidence obtained after the Flock search suppressed as "fruit of a poisonous tree."

"The Court finds that because the ALPR systems are a type of indiscriminate mass surveillance... 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," Hill wrote. She argued that the cumulative tracking of a person's location over time becomes constitutionally problematic, updating earlier rulings that warrantless ALPR searches were permissible because vehicles are visible in public.

The decision does not set binding precedent but adds to a growing chorus of criticism against Flock Safety, a company whose cameras capture license plates nationwide. According to audit logs viewed by 404 Media, over 100,000 warrantless searches of the Flock system occur monthly.

The same week, Senator Bernie Sanders (I-Vt.) introduced the Block Flock Act, which would bar federal agencies from using automated license plate readers like Flock. The bill follows moves by Florida and Texas to stop using the technology. Flock CEO Garretty Langley has called for a "compromise" between privacy and safety and apologized to women stalked by officers using Flock. The company has reportedly offered voluntary employee buyouts to reduce its workforce.

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Analysis

Why This Matters

  • The ruling signals that courts may be rethinking the constitutionality of mass surveillance technologies that collect location data on all vehicles, not just suspects.
  • Over 100,000 warrantless Flock searches occur each month in the U.S., meaning the decision could reshape police investigative practices nationwide if similar rulings follow.
  • The Block Flock Act, if passed, would cut off a major revenue stream for Flock and set a federal precedent against warrantless ALPR use.

Background

Flock Safety is a Georgia-based company that operates a network of automated license plate reader (ALPR) cameras installed on police cars, in neighborhoods, and on highways. The cameras capture every passing license plate, storing timestamped location data in a searchable database. Law enforcement agencies across the U.S. use Flock for investigations, but critics argue the system enables warrantless mass surveillance. The Supreme Court's 2018 decision in Carpenter v. United States held that warrantless access to cell phone location data violates the Fourth Amendment; the Flock ruling extends similar logic to ALPR systems. The company faces increasing scrutiny: several states have cancelled contracts, and Flock recently offered buyouts to employees amid falling demand.

Key Perspectives

Privacy advocates and civil libertarians: The ruling is a long-overdue check on dragnet surveillance that chills free movement and disproportionately impacts out-of-state drivers and minority communities. Law enforcement agencies: Many argue that ALPRs are a vital tool for solving crimes and tracking suspects, and that the technology only captures public information. Flock Safety: CEO Garretty Langley has acknowledged privacy concerns and apologized for misuse, but maintains that a compromise between safety and privacy is possible.

What to Watch

  • Whether the Block Flock Act gains bipartisan support in Congress.
  • Similar lawsuits pending in other federal courts that could create circuit splits, increasing the likelihood of Supreme Court review.
  • Further local government cancellations of Flock contracts and any impact on the company's financial stability.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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