Are Flock Cameras Unconstitutional?
The debate surrounding automated license plate readers has become increasingly polarized. Depending on where you get your information, Flock cameras are either an invaluable crime-fighting tool or an unconstitutional mass-surveillance network.
The law is considerably more complicated than either description suggests.
This publication examines the issue from both sides, including Carpenter v. United States, United States v. Jones, United States v. Knotts, Commonwealth v. McCarthy, United States v. Rubin, and the Fifth Circuit's recent decision in United States v. Porter.
It also examines data retention, misuse, auditing, private Flock cameras, gun ranges, claims of a “gun-owner registry,” the frequently quoted Benjamin Franklin “liberty versus safety” argument, and where the constitutional line may ultimately be drawn as ALPR networks expand.
This is not intended to convince readers to support or oppose Flock. It is intended to provide enough factual and legal context for readers to reach their own conclusions.
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