Federal Judge Rules Warrantless Flock Search Unconstitutional

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A federal judge in Oklahoma just threw out a drug case after ruling that police violated the Fourth Amendment when they used Flock Safety’s automated license-plate cameras to pull a driver’s travel history for roughly a month, without a warrant, and without probable cause.

U.S. District Judge Sara E. Hill of the Northern District of Oklahoma ruled that Tulsa County sheriff’s deputy Freddie Alaniz conducted an “Unconstitutional Warrantless Search” when he queried Flock and other automated license plate reader systems on a Mazda SUV simply because it had a California plate.

According to 404 Media, the search returned more than 50 records of the driver’s whereabouts across the country. Hill suppressed the Flock records and everything that came out of the later search of the vehicle.

The defendant is Melisa Kyle, 46, of Crane, Missouri, charged with possessing methamphetamine with intent to distribute.

According to Law Commentary, the case began in May when Alaniz, who also served as a DEA task force officer, was parked along Interstate 44, saw the California plate, pulled onto the highway, and started following the SUV.

He later stopped Kyle for changing lanes without a signal, then used the Flock history to question her about her travel and to justify searching the car.

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