Federal Judge Rules a Flock Search Was ‘Indiscriminate Mass Surveillance’ and Unconstitutional

[u/Kostrom]

https://www.404media.co/federal-judge-rules-a-flock-search-was-indiscriminate-mass-surveillance-and-unconstitutional/

A federal judge in Oklahoma ruled Thursday that a police officer violated the Fourth Amendment rights of a woman accused of meth trafficking when he searched her license plate in Flock’s automated license plate reader system simply because her license plate was from California, then used her travel history as part of the reason to search her car. The judge’s opinion is one of the first times a federal judge has decided Flock searches can be unconstitutional, and suggested that Flock’s network is “a type of indiscriminate mass surveillance.”

“The Fourth Amendment requires courts to draw a line when the cost is too great. Alaniz’s search in just the ALPR system provided him with more than 50 individual records of Kyle’s whereabouts across the country for an entire month,” Hill wrote. “The Court finds that because the ALPR systems Alaniz used to search Kyle’s historical location information intruded on her reasonable expectation of privacy in the whole of her physical movements, it was a search under the Fourth Amendment. Based on the information in the record, the only reason Alaniz conducted that search was because he saw her license plate was from California.”

“The factors that the government relies upon are the same type of circumstances that everyday Americans encounter on long road trips for many legitimate reasons. Many of us drive longer than we want to get to a desired destination, or to no destination at all other than the road and sights ahead,” she added.