The officer’s “use of the ALPR Systems was an Unconstitutional Warrantless Search,” and “was not supported by probable cause, and it was done without a warrant in violation of [the defendant’s] Fourth Amendment rights,” the judge, Sara Hill, wrote, implying that the law enforcement officer should have obtained a warrant before searching for the vehicle in Flock’s system. There are currently more than a hundred thousand warrantless searches of the Flock system every month, according to audit logs viewed by 404 Media. Hill’s decision will not set a binding precedent and there are several other cases throughout the nation considering the legality of warrantless ALPR searches.
Hill argued that previous judge opinions saying Flock searches were not a Fourth Amendment violation because they track cars in public do not consider the context that Flock’s nationwide network is quickly “approaching dragnet-type law enforcement practice,” and that courts should update their understanding of the technology moving forward.
The circumstances of the court case are really interesting and highlight how commonplace Flock searches have become for police, and the depth of the information they can reveal. In May, a Tulsa County Deputy Sheriff named Freddie Alaniz was parked along the side of the highway in Oklahoma when he saw a Mazda SUV driven by a woman named Melisa Kyle with a California license plate pass by. “Alaniz then pulled his vehicle on the highway to follow the Mazda for no apparent reason other than the fact that it had a California license plate. Alaniz also ran a query on the Flock system for the California license plate number on the Mazda SUV,” Hill wrote. Alaniz then ostensibly pulled Kyle over for changing lanes without a turn signal.
Alaniz interrogated Kyle about her travel “while he continued to review the ALPR systems for the car she was driving,” the judge wrote. Alaniz made Kyle recount everything she had done in the last several days, and compared it to the Flock data. He told her that because she was only in California for a short period of time, he suspected her of trafficking drugs. He used her travel history as seen in the Flock system as part of the justification to search her car; she was found to have 91 pounds of meth in the vehicle. Hill ruled that all Flock evidence and all evidence from Alaniz’s search of the car must be thrown out.
