Judge Rules Warrantless Flock Plate Search Unconstitutional

A federal judge suppressed evidence from a warrantless Flock plate search in Oklahoma, calling it indiscriminate mass surveillance in a non-binding ruling.

U.S. District Judge Sara Hill ruled on October 1 that a warrantless automated license-plate search in a Tulsa, Oklahoma methamphetamine case violated the Fourth Amendment and amounted to indiscriminate mass surveillance; the non-binding opinion suppressed the plate history and the resulting car search. 404 Media identifies Tulsa County Deputy Freddie Alaniz and first said he used more than 50 location records over a month on a California plate tied to Melisa Kyle’s car, where 91 pounds of methamphetamine were found; its October 8 report spells the name Melissa Kyle, says he queried Flock and Motorola systems, cites about 79 hits over 30 days used to question travel before the stop ended, and says police found more than 91 pounds of meth. TechCrunch instead describes a sheriff’s deputy searching Flock solely because of a California plate and calls the 91 pounds alleged, while The Record says about 50 sightings over a month crossed multiple states. On the legal basis, 404 Media says the opinion invokes Carpenter-style privacy in the whole of a person’s movements, whereas The Record says it relies on the Supreme Court’s June Chatrie geofence decision and that experts call it among the first federal rulings to require a warrant for some historical ALPR queries. 404 Media also reports that Flock CEO Garrett Langley had argued such queries are constitutional, that more than 100,000 warrantless Flock searches occur monthly, and that other ALPR cases remain pending. TechCrunch adds that Sen. Bernie Sanders introduced the Block Flock Act to bar federal ALPR use and that Florida, Texas, and other governments have said they will stop using the technology; a later paywalled 404 post claims bodycam and in-car video but its public text names no new agency, date, or outcome.

• U.S. District Judge Sara Hill ruled on October 1 that a warrantless query of Flock Safety license-plate data in a Tulsa, Oklahoma methamphetamine case violated the Fourth Amendment and was indiscriminate mass surveillance.
• The non-binding ruling suppressed the plate-reader history and the later vehicle search as fruit of the poisonous tree.
• 404 Media names Tulsa County Deputy Freddie Alaniz; TechCrunch calls him a sheriff’s deputy who searched solely because of a California plate.
• Counts and names conflict: more than 50 records and Melisa Kyle with 91 pounds of meth (404, Oct. 2); about 50 multi-state sightings (The Record); about 79 hits over 30 days, Melissa Kyle, Flock and Motorola queries, and more than 91…
• Legal framing differs: 404 Media cites Carpenter-style privacy in a person’s movements; The Record says the opinion relies on the Supreme Court’s June Chatrie geofence decision and is among the first federal rulings to seek a warrant for…
• 404 Media reports CEO Garrett Langley had called ALPR queries constitutional, more than 100,000 warrantless Flock searches occur monthly, and other ALPR cases remain pending.
• TechCrunch reports Sen. Bernie Sanders introduced the Block Flock Act to bar federal ALPR use and that Florida, Texas, and other governments said they will stop using the technology.
• Oct. 8 404 reporting says body-camera video shows the deputy searching plate history before the stop ended; a later paywalled post claims in-car footage but states no agency, date, or outcome in public text.