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ICE & Flock Cameras

Mike Rafi - Personal Injury Lawyer1.6M viewsJul 27, 20261:47362 words
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Investigations have found local police departments across the country running searches on Flock's nationwide camera network at ICE's request more than 4,000 times with no warrant, and it seems to be totally legal. ICE doesn't have its own contract with Flock, so it can't search the network directly. Instead, federal agents ask local officers who already have access to run searches for them. Every search requires an officer to type in a reason for the search. Researchers found the words ICE, immigration, and ICE warrant showing up in that field again and again and again from police departments in states with no obligation to help federal immigration enforcement at all. In Carrollton, Georgia, police work directly with federal agents at their request. One lieutenant put the department's policy pretty plainly. He said, "If federal agents ask for help, they get it. No questions asked." Now, I don't think most people realize how casual that actually is. Why don't they need a warrant? Well, the Fourth Amendment protects you from unreasonable searches. Normally, the government needs a warrant based on probable cause before it can search you or your things. But a 1967 case, Katz versus United States, drew a pretty important line. It said, "What you knowingly show the public, the government can see, too, and there's no warrant needed." For example, your license plate sits in plain view of every other driver behind you on the road. You've already exposed it to the world, so photographing it or videoing it isn't a search at all. There's a real counterargument to this, though. In 2018, in a case called Carpenter versus United States, the court required a warrant for historical cell phone location data because tracking [music] someone's phone for months creates an all-encompassing record of their entire life. Now, you'd think that that same logic should cover a nationwide camera network tracking your car everywhere it goes day after day. But courts have mostly said no. Their reasoning is that a handful of mostly scattered snapshots from different cameras isn't the same thing as a constant minute-by-minute tracking of a cell phone. What are your thoughts? Leave them in the comments.