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Federal court requires a warrant before police search Flock's plate-reader database

Police need a warrant to search Flock Safety's plate database, which Techdirt says takes in 20 billion images a month, a federal court has ruled. The decision binds no other court, but lawyers fighting plate-reader searches elsewhere can now cite it.

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Photograph accompanying Federal court requires a warrant before police search Flock's plate-reader database
Photo: cbsaustin.com

What happened

  • Tulsa County Deputy Freddie Alaniz followed a Mazda for no apparent reason other than its California plate, the court found, and ran the plate through Flock while trailing it.
  • After letting the driver go with a warning, Alaniz asked to search her car; when she refused, he called for backup and told her she was detained for a dog sniff.
  • The court found the original stop lawful, since a traffic violation was caught on camera, but held that Alaniz illegally extended it.
  • The court then took up the plate-reader search and, according to Techdirt, said always-on ALPR systems can no longer be excused by the assumption that public roads carry no privacy.

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Why it matters

  • exposure The reason an officer types before a Flock search can be set beside what he actually knew, as this court did with "investigation" entered on nothing more than a California plate.
  • constraint On Techdirt's argument, each month of added collection weakens the public-road comparison, so Flock's growth works against the warrantless searches its customers run today.
  • decision California's apparent block on outside searches shows access can be limited, so leaving nationwide queries open on a typed reason is now a setting with a legal cost attached.

Before Flock runs a plate, it asks the officer why. Tulsa County Deputy Freddie Alaniz answered in two systems, Flock and VehicleManager, with "traffic violation" and "investigation" [8]. According to the ruling, the only thing he knew about the car at that moment was that it had a California plate [8].

He then searched Flock's database nationwide, Techdirt reports [9]. The stop he eventually made was for lane changes and following too closely. He used it to question the driver about her recent travels, checking her account against what the cameras had logged [11]. The one state he could not see into was California, which Techdirt says appears to have blocked outside searches of its Flock data [10].

A reason field is the control an agency can point to when someone asks how plate searches are checked. In this case the officer typed "investigation" with nothing behind it but a state name, and the system ran his search across the whole country minus California [8][9][10].

Techdirt calls the stop pretextual, and it eventually turned up 91 pounds of meth [6]. When the driver offered to hand over some marijuana before the dog arrived, Alaniz said, "I am not worried at all for a little bit of marijuana, that's not what I'm looking for" [13]. The illegal extension alone would have been enough to toss the evidence, Techdirt notes, so ruling on Flock was the court choosing to go further [14][15].

Techdirt's case against the public-road comparison, which likens a database search to a cop spotting a plate on a passing car, is size [4]. Flock alone takes in 20 billion plate and location images a month, it says [5]. Techdirt's excerpt of the opinion does not show the court citing that figure; the reasoning it quotes is about always-on collection in general [15].

Techdirt is plain about the limits. The decision is "not going to set any precedent, not even in its own jurisdiction," it wrote [2]. What it gives other ALPR cases is "new reference material" for challenging searches [3].

The person this lands on is whoever administers an agency's Flock account and signs off on its sharing settings. A simple grid helps. One axis is what the officer knew before searching: a specific lead tied to an offense, or a bare attribute such as an out-of-state plate. The other is reach: the agency's own cameras, or every network it can query. A specific lead searched locally is the easiest query to defend. A bare attribute searched nationwide is where Alaniz sat [8][9]. This court's holding covers Flock database searches generally, but that corner holds the facts a challenger will quote [1]. I'd put it behind a case number or a warrant, and accept that officers with a real lead will sometimes wait longer for results.

What to watch

  • Whether the government appeals, and whether the warrant holding survives review by a higher court.
  • Whether defense lawyers in other ALPR suppression motions cite this decision, and whether those courts adopt the scale argument Techdirt makes.
  • Whether Flock or the agencies using it tighten the search-reason field or the default reach of nationwide queries.
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