A federal judge has ruled that a Tulsa, Oklahoma, sheriff’s deputy violated a woman’s Fourth Amendment rights by using Flock Safety’s automated license plate reader system to search for her vehicle without a warrant.

The ruling is significant because it is among the first instances in which a federal judge has determined that a search using Flock’s database was unconstitutional.

Judge Sara Hill said the deputy had no apparent reason to search the Flock database other than the fact that the woman’s vehicle carried a California license plate.

The deputy subsequently used information from the woman’s travel history in the database as part of the justification for searching her vehicle, where authorities allegedly discovered 91 pounds of methamphetamine.

Judge Hill ruled that evidence obtained after the Flock search should be suppressed because it was the result of an unconstitutional search.

Although the decision does not establish a binding precedent, the judge also raised broader concerns about the use of automated license plate readers to monitor people’s movements without judicial oversight.

Hill described the system as a form of “indiscriminate mass surveillance,” arguing that it allows law enforcement to collect information about vehicles travelling past connected cameras and access that information later.

She said the ability to passively track people’s movements over extended periods could create constitutional problems, particularly when the information is used for purposes unrelated to the original reason for collecting it.

The ruling comes amid growing criticism of Flock Safety from privacy advocates, lawmakers and some state and local governments.

Several jurisdictions have considered ending their use of the technology, while Senator Bernie Sanders has introduced legislation that would prevent federal agencies from using automated license plate readers such as Flock.

Flock Chief Executive Garrett Langley has called for a balance between privacy and public safety and has acknowledged concerns about the misuse of the system.

Source: TechCrunch