Federal Judge Rules Warrantless Flock Search Violated 4th Amendment
Federal judge suppresses drug evidence from warrantless Flock surveillance search.
2 min read
A federal judge has ruled that a warrantless search of automated license plate reader data from Flock’s camera network violated the Fourth Amendment, leading to the suppression of drug evidence in a case against Melisa Kyle. U.S. District Judge Sara E. Hill granted Kyle’s motion to suppress, finding the search unconstitutional. The case is pending in the Northern District of Oklahoma.
Tulsa County Deputy Freddie Alaniz began trailing Kyle’s Mazda SUV for no apparent reason, solely due to its California license plate. Before observing any traffic violation, Alaniz queried the Flock system for her plate, logging her car over 50 times across multiple states in a single month. While Hill upheld the initial traffic stop as valid, she found the extended detention unlawful due to the deputy’s lack of reasonable suspicion.
Hill’s ruling emphasized that reconstructing a month of Kyle’s movements breached her reasonable expectation of privacy. The search occurred without a warrant or probable cause, and the judge described the system as “a type of indiscriminate mass surveillance.” She noted that freedom from persistent, dragnet-style surveillance is a reasonable expectation in public spaces.
NEW: A federal judge in Oklahoma ruled that police violated the Fourth Amendment by searching Flock and other license plate reader data without a warrant, accessing more than 50 records of a driver’s movements across multiple states over a month. pic.twitter.com/3DkpfQYcha
A Flock spokesperson criticized the decision, stating it goes against the weight of authority in similar cases and that the company expects it to be appealed and overturned. The ruling does not outlaw the technology but highlights growing concerns over its use. Several states, including Texas and Florida, have moved to restrict the technology, and local governments have canceled Flock contracts.
Meanwhile, lawmakers have introduced legislation to bar federal agencies from using the systems, with provisions to freeze federal grants that support local police purchases. Independent Sen. Bernie Sanders, Democratic Sen. Jeff Merkley, and Rep. Alexandria Ocasio-Cortez have joined the effort, signaling a broader push for oversight of surveillance technologies.
Source: Daily Caller
