"Essentially, there are more checks and balances when accessing Flock data compared to a license plate displayed publicly and viewed by the Police Officer."
The ACLU's Case — and Its Shortcomings
The American Civil Liberties Union has gone on record saying that Flock is creating a "mass surveillance infrastructure" and an "authoritarian tracking infrastructure." The ACLU's trendy phrases and lack of substance isn't surprising. Using a quick google search, you can easily see how the ACLU ties Flock to politically polarizing topics such as immigration enforcement and reproductive freedom.
We can all agree that protecting our civil liberties is paramount and a position that all of us as Americans should hold dear.
Considering the ACLU's inflammatory statements, let me walk you through the calculus, which the ACLU fails to do, so you can form your own opinion on whether Flock License Plate Reader Cameras ("Flock Cameras") are an invasion of privacy or force multiplier.
What Flock Cameras Actually Are
As with any technology, we need to understand what Flock Cameras are and what "data" they collect before we can honestly take a position one way or the other.
Flock Cameras are affixed to a pole on a public easement near a roadway. They are solar powered, and based upon the model, record video like any other CCTV camera and take a photo of every vehicle and its license plate that drives by. The data collected by Flock is stored for 30 days, or as long as required by applicable law or regulation, using AES256 encryption. The information is then permanently deleted. The customer owns the data, not Flock, and Flock does not sell any data to third parties. Flock maintains its privacy and security policies on its website for all to see.
How Flock Differs from Standard CCTV
With this quick primer, you might be wondering, what is the difference between a standard CCTV camera and a Flock Camera? There are a couple key differences. Flock Cameras feed the "data" into a searchable database that can be accessed through an internet dashboard or mobile app. Importantly, before a search can be run, Flock requires a reason for the search and a police report number for auditing purposes. Police Departments also have strict policies governing Flock access and use.
So, what exactly is the "data" that is stored for the 30 days? Simply put, the "data" is a searchable date/time stamped photo of the vehicle and license plate. Flock also provides a "hot list" feature for law enforcement and its private sector customers which provides a real-time alert when a known vehicle passes by a Flock Camera.
How Law Enforcement Uses the Hot List
So how is the "hot list" used? Law Enforcement will upload the known suspect vehicles' license into "hot list" for major felony crimes such as homicides, kidnappings, rape, vehicle theft, and home invasion. If the suspect vehicle passes the Flock Camera, a real-time hot list alert is generated providing law enforcement with the date/time stamped photo of the vehicle and license plate, the camera's location which will provide the road and direction of travel, along with the geo-location coordinates. This alert can be viewed by dispatch and even by the police officer on patrol.
Importantly, this alert DOES NOT tell law enforcement who is in the vehicle, owner registration information or VIN number. Obviously, law enforcement has access to this information, but it is gathered outside of Flock. Law Enforcement does not use Flock Cameras or hot lists for traffic enforcement or alerting on minor crimes.
So we have now drilled down to the key differences between a standard CCTV camera watching the street and a Flock Camera: 1) the "data" is stored in a "searchable" database with a 30-day retention; 2) real time hotlist alerting when a "known vehicle" passes a Flock Camera (which some modern CCTV cameras also provide).
Is Flock Legal? What the Fourth Amendment Says
So now we know that law enforcement owned Flock Cameras are storing pictures of vehicles, and their license plates, in a searchable database for 30 days. This begs the question, is the collection and use of this "data" legal?
As a baseline, any law enforcement "search" is governed by the Fourth Amendment to the U.S. Constitution which prohibits unreasonable searches and secures people in their persons, houses, papers, and effects when there is a reasonable expectation of privacy. The U.S. Supreme Court has explained that "[w]hat a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment Protection."
Law enforcement is allowed to "run" any license plate that is publicly displayed on the road, in a parking lot, or even a driveway because the license plate is exposed to the public therefore there is no reasonable expectation of privacy. Law enforcement does not need a warrant, reasonable suspicion, or probable cause to "run" these license plates that are exposed to the public. So, what does it mean to "run" a license plate and how does it relate to Flock.
When a police officer "runs" a license plate, they are entering that plate into their car computer and they receive a "return" providing specific vehicle information such as year, make, VIN, owner, owner address, registration expiration, and in some jurisdictions insurance information. Depending on the jurisdiction, they also automatically receive a return on the registered owner which includes their name, address, birthdate, height/weight, and driving record. The "return" would also provide any outstanding warrants for the registered owner, personal protection orders, and concealed pistol license information (jurisdiction specific). Typically, the "returns" come from the respective state's Department of Motor Vehicles, state law enforcement information network, and the National Crime Information Center.
As you can see, a police officer can legally and without a reason, get incredibly specific private information about a person who is driving on a public roadway. Unlike a police officer running a plate, Flock Cameras only provide a searchable picture of the vehicle and its license plate – and real time alerting if that vehicle was associated with a serious crime. Again, a police officer is required to put a reason for the search and a police report number to search Flock – they do not need to provide a reason and a police number when "running" a license plate. Essentially, there are more checks and balances when accessing Flock data compared to a license plate displayed publicly and viewed by the Police Officer.
Real-World Results: Lives Saved, Crimes Solved
After running the calculus, we can see that Flock Cameras are legal Force Multipliers. Here are a few success stories out of thousands:
In 2023, Kalamazoo Michigan Public Safety reunited a kidnapped 3-month-old child with her mother less than 30 minutes after the search began. Flock was used to help locate the suspect.
In 2024, the College Park Police Department responded to a Super 8 motel for a possible kidnapping call. They used Flock to locate the suspect vehicle and arrested the suspect and safely returned the 13-year-old girl to her mother. It is hard to tell from the story alone, but for anyone with a law enforcement background, its easy to see that Flock could have potentially saved this child from being sexually assaulted or worse.
In 2024, a "Silver Alert" was issued by Wisconsin authorities out of concern for a missing elderly person. Because of Flock, Minnesota authorities were able to locate the missing person and safely reunite them with their family. Although specifics were not provided in the news report, "Silver Alerts" are only issued in Wisconsin for a person over 60 who has Alzheimer's or Dementia.
As of early 2025, Flock has helped law enforcement reunite over 1,000 missing people with their families. My goal was to provide you with facts about the technology, how the technology is used, and the interplay between the technology and the law so you can form your own opinion – which the ACLU and many others with an agenda based upon fear fail to do.
Stay Informed — Your Voice Matters
Technology and the law will continue to evolve and change. I can honestly say that I want my police department to use Flock Cameras to protect my neighborhood knowing full well that a picture of my car and license plate will be collected time and time again. I encourage you to stay informed and reach out to your local representatives as many state lawmakers are actively seeking to curtail the use of these cameras.
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