Federal judge calls Flock search unconstitutional, as AOC and Bernie Sanders introduce bill to ban license plate readers

A federal judge has ruled that a search of an Oklahoma police officer's Flock database was unconstitutional, signaling a shift in law regarding networked surveillance cameras. Judge Sara Hill described automated license plate readers (ALPRs) as a type of indiscriminate mass surveillance, likening them to dragnet-style searches. The judge's decision suggests that networked cameras like those provided by Flock and Axon are fundamentally different from other police surveillance tools, with implications for the law and citizens' expectations of privacy.

In a May incident, Tulsa County Deputy Sheriff Freddie Alaniz pulled over a driver for changing lanes without a turn signal after running the vehicle's out-of-state license plate through Flock's AI-powered database. After finding over 50 instances of the driver's vehicle traveling across the country, Alaniz searched the vehicle on suspicion of drug trafficking.

The court ultimately dismissed the evidence, ruling that the Flock search lacked probable cause and a warrant, as the judge declared it a Fourth Amendment violation. This marks a departure from prior rulings that have treated ALPRs similarly to other police surveillance methods. As communities across the US turn against AI-powered devices, lawmakers have begun calling for restrictions, with some proposing a federal ban.

In response to growing concerns, Florida Republican Rep. Greg Steube introduced a bill requiring warrants for ALPR use, while senators Bernie Sanders, Jeff Merkley, and Representative Alexandria Ocasio-Cortez recently introduced the Ban Flock Act. The bill would prohibit federal agencies from using ALPRs and eliminate federal funding for them.