A federal judge just ruled warrantless ALPR mass surveillance unconstitutional (Oct 1)
https://storage.courtlistener.com/recap/gov.uscourts.oknd.76981/gov.uscourts.oknd.76981.62.0.pdf
On October 1, a federal judge in Oklahoma ruled that police use of ALPR systems, including Flock, to pull a month of someone's location data without a warrant was an unconstitutional Fourth Amendment search, and threw out all the evidence (United States v. Kyle, N.D. Okla.).
The judge's language reads like it was written for exactly the fight happening in Apex:
"This is a type of indiscriminate mass surveillance... a tool that collects information about all vehicles that pass by any network-connected camera at all times, and it serves up the information to law enforcement on demand."
He pointed out the data could reveal who's visiting a fertility clinic, which doctor you see, what lawyer's office you go to, and asked flatly: "why is it the government's business where everyone goes all the time?"
He even called out where this is heading: "more cameras on more street signs, buildings, and perhaps on more police cars... a fleet of drones hovering over an entire city. This is not hypothetical catastrophizing."
The honest caveats: it's a district court, not the Supreme Court, so it's not binding nationally, and other courts have ruled the other way. The issue is still working through the courts. But it's built on two Supreme Court cases (Carpenter and this year's Chatrie decision), and it's the clearest judicial statement yet that what these systems do, track everyone, with no warrant, on demand, violates the Fourth Amendment.
Apex's committee is weighing privacy against safety right now. This is the privacy side, from a federal judge.