A federal judge in Tulsa, Oklahoma, ruled that a sheriff’s deputy violated a woman’s Fourth Amendment rights by conducting a warrantless search of Flock Safety’s license plate database. Judge Sara Hill determined that the deputy lacked a valid reason for the search beyond the vehicle’s California license plate, making the search unconstitutional. The deputy used the Flock database to track the woman’s travel history, which led to a search of her car where 91 pounds of methamphetamine were allegedly found. However, Judge Hill ordered that all evidence obtained after the Flock search be suppressed as "the fruit of a poisonous tree."
Judge Hill criticized the use of Flock Safety’s technology for warrantless searches, describing it as "indiscriminate mass surveillance." She emphasized that while tracking individuals in public is not inherently unconstitutional, the passive and broad collection of location data on all vehicles passing network-connected cameras raises serious privacy concerns. Unlike targeted investigations, Flock’s system collects data on everyone continuously and makes it accessible to law enforcement on demand.
This ruling is among the first federal judicial decisions to declare a Flock Safety search unconstitutional, though it does not set a binding precedent. The decision adds to growing scrutiny of Flock Safety’s automated license plate readers, which have faced criticism from various political figures and governments. Several states, including Florida and Texas, have ceased using the technology. Recently, Senator Bernie Sanders introduced the Block Flock Act, proposing a federal ban on automated license plate readers like Flock.
Flock Safety’s CEO, Garretty Langley, has acknowledged privacy concerns and called for a balance between safety and privacy. Langley apologized to women who have been stalked by law enforcement using the system. Amid mounting backlash and cancellations, Flock has reportedly offered voluntary buyouts to reduce its workforce. Langley is scheduled for an interview at TechCrunch Disrupt to discuss these issues further.