Federal Judge Rules Flock ALPR Search Unconstitutional

A federal judge ruled a Flock ALPR search unconstitutional. Two new bills in Congress aim to ban or restrict the cameras at the federal level.

On October 2, 2026, a federal judge in Oklahoma became one of the first to hold that a warrantless search of an automatic license plate reader (ALPR) network operated by Flock Safety can violate the Fourth Amendment. Five days later, a cross-party group of federal lawmakers introduced two bills - the Ban Flock Act and the Stop Flock Abuse Act - aimed squarely at the company. Taken together, the court ruling and the legislation mark the sharpest two-front attack on mass-vehicle-surveillance infrastructure in the United States to date. For anyone who has ever wondered what happens to a drive that begins in California and ends in Oklahoma, the answer is now being litigated.

The Federal Court Decision

The ruling came from U.S. District Judge Sara Hill in a Tulsa meth-trafficking case, United States v. Melisa Kyle. According to 404 Media’s account of the opinion, the facts read like an outline of how police use ALPR data. On a May afternoon, Tulsa County Sheriff’s Deputy Freddie Alaniz saw a Mazda SUV with a California plate and pulled in behind it “for no apparent reason other than the fact that it had a California license plate,” Hill wrote. Alaniz ran the plate through Flock’s nationwide network. The Flock query returned more than 50 records of the vehicle’s locations across the country over the previous month. Alaniz used that travel history as part of his justification to search the car, where officers found 91 pounds of methamphetamine.

Hill suppressed all of the Flock evidence and all of the physical evidence from the car search. Her reasoning was direct. The warrantless ALPR query, she wrote, “intruded on her reasonable expectation of privacy in the whole of her physical movements” and was therefore “a search under the Fourth Amendment.” She explicitly distinguished Flock’s network from a single-point tracking case like United States v. Knotts (1983), the Supreme Court precedent that lower courts have leaned on to bless ALPR queries. The Knotts beeper, Hill wrote, was “much less sophisticated technology” than “a large-scale, dragnet-type surveillance system like the ALPR technology in this case.” Flock, she said, “is not targeted on a single individual” the way a Carpenter-style cell-site search is, and it “serves up the information to law enforcement on demand.” That, in her words, amounts to “a type of indiscriminate mass surveillance.”

The volume is the part most readers will want to sit with. According to audit logs 404 Media reviewed, more than 100,000 warrantless searches of Flock’s network occur every month across U.S. law enforcement agencies. That kind of volume at a single department is what we have already seen produce real harm: an LAPD ALPR audit found 161 false stolen-car stops in 60 days. The Oklahoma case is one driver caught in one query. Michael Soyfer, a lawyer at the Institute for Justice, which has litigated multiple Flock cases, told 404 Media the decision “recognizes the sheer breadth of these systems, that they collect so much information about so many people.” A Flock spokesperson said the company “expect[s] [the ruling] will be appealed and ultimately overturned” and that it does not “set controlling precedent.” Hill’s decision does not bind other courts, and several similar cases are pending nationally.

Two Bills on Capitol Hill

The ruling arrived on the heels of legislation already in motion. On October 6, 2026, 404 Media reported that Senator Bernie Sanders (I-Vt.), Representative Alexandria Ocasio-Cortez (D-N.Y.), and Senator Jeff Merkley (D-Ore.) had introduced the Ban Flock Act. The bill would prohibit federal agencies from using ALPRs, block federal funding from any state or local government that operates the cameras, and create a private right of action allowing Americans to sue the federal government for rights violations involving ALPR data. Sanders framed it bluntly: “Flock is eviscerating the very notion of privacy by installing tens of thousands of cameras in communities across America without their consent.” Ocasio-Cortez added, “AI-powered cameras are keeping track of our every move and weaponizing this data against working people to make record profits.” Merkley said, “No one should have this unchecked surveillance power at their fingertips.”

Senator Josh Hawley (R-Mo.) announced a separate, narrower Stop Flock Abuse Act the week before. That bill would require a written approval process for each ALPR search, force agencies to delete driver data after 10 days outside of an active investigation, and prohibit ALPR networks from adding facial recognition. Hawley has cited 404 Media’s reporting during a Senate hearing. Separately, Representatives Greg Casar and Shontel Brown wrote to FBI Director Kash Patel asking how the FBI plans to acquire nationwide ALPR data access, a plan 404 Media first revealed in May.

The bills do not target Flock by name only; their scope covers the broader ALPR market. The same week, VIDIZMO was already pitching facial recognition on Flock footage to police departments, a reminder that the data the cameras collect is what the surveillance industry is racing to monetize. But the political alignment is what makes the moment unusual: a Sanders-AOC-Merkley bill on one side, a Hawley bill on the other, both pointed at the same company in the same month, in a Congress where AI-related privacy bills have otherwise struggled to find cross-aisle agreement.

What This Means

The ruling itself is not nationwide law. As the Flock spokesperson noted, it is a single district-court opinion that other judges can choose to follow or reject. What it does is give every defense lawyer in America a written, sourced argument that warrantless ALPR queries violate the Fourth Amendment, and it gives the Institute for Justice and the Electronic Frontier Foundation a citation in the cases they are already litigating in California (SIREN v. San Jose) and elsewhere. For state-level uses of Flock, nothing has changed yet. Texas already paused its Flock funding in August, and other states are watching the Hill ruling closely. For federal use, the Ban Flock Act would, if enacted, end federal access entirely and pull federal funding from any state or local agency that keeps using the cameras.

The privacy consequence is the same regardless of which way a reader leans politically: every vehicle that passes a Flock camera contributes to a continuously updated location history that any participating agency can pull in seconds, often without a warrant and often without individualized suspicion. The Oklahoma case is the first time a federal judge has said out loud that this is what the Fourth Amendment was written to prevent.

The Bottom Line

A federal judge has now said, in writing, that running a license plate through Flock’s nationwide ALPR network without a warrant can be unconstitutional. Within a week, Democrats, a Republican, and an Independent had all introduced bills aimed at restricting or banning federal use of those cameras. The two developments do not yet change anything for a reader driving through a Flock-covered town today, but they change the legal and political ground underneath that drive.

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