If you’ve noticed Flock cameras popping up around Wichita, you may wonder what they are tracking and what happens to the information they collect. More importantly, you may be questioning whether a photo of your vehicle could eventually become evidence in a criminal case. Our criminal attorneys in Wichita, Kansas, at the McConnell Law Firm are taking a closer look at how Flock cameras work, how law enforcement can use the information they collect, and what defendants should know about the reliability of such technology.
What Is a Flock Camera?
Flock Safety is a public safety technology platform that claims to “build hardware and software to collect objective evidence, surface investigative insights, and solve crime to create safer communities.” Their products range from video cameras and gunshot detection sensors to real-time crime center software and Drones As First Responder (DFR) systems, but you’re probably most familiar with their License Plate Reading (LPR) cameras.
Who Owns Flock Camera Data?
Although Flock cameras are often associated with law enforcement, Flock Safety is a privately owned technology company. Its customers can include law enforcement agencies, businesses, schools, religious institutions, and private neighborhoods. That distinction matters because Flock does not necessarily own or control the information its cameras collect. According to Flock, its customers own the data generated through their use of the company’s services and determine how that information is used and shared.
In other words, Flock provides the technology, but the organization using that technology controls the data. Because third-party customers own and control the data, any data requests must be directed to those customers.
Can Flock Footage Be Used in a Criminal Investigation?
Yes. Flock data can become part of a criminal investigation, and it may ultimately be used in a court proceeding. According to Flock, its system is designed to give customers access to digital evidence they can use in criminal investigations and related court proceedings. That can include license plate reader data, photographs, video, and other information collected through the company’s technology. However, a Flock camera capture does not necessarily establish who was driving the vehicle or what occurred after the vehicle was captured.
“Attorneys don’t automatically have access to Flock camera footage unless it’s shared in discovery or they subpoena the footage,” said Erica Ramstad Whitsell, a criminal attorney at the McConnell Law Firm. “While it’s been seen in some cases, it’s still not overly common. Many times, the license plate detection is used to help create or establish a path of where an individual may have gone.”
Limitations of Flock Evidence
A Flock camera can capture a license plate, but a license plate belongs to a vehicle, not a person. The camera doesn’t necessarily identify who was behind the wheel when the vehicle passed by, or what happened after it was captured. That distinction can be significant in a criminal case. If investigators use Flock data to place a vehicle at a particular location or establish its movements, questions may remain about who was driving, where that person went, and what they allegedly did.
Questions may also arise about the accuracy and reliability of the information itself, including whether the license plate was correctly identified and whether the conclusions drawn from the data are supported by what the camera actually captured. Flock data alone does not establish that a person committed a crime. Depending on the circumstances, an attorney may examine how the information was obtained, what the camera actually captured, how accurately it identified the vehicle, and what conclusions can reasonably be drawn from that information.
If Flock data is being used as evidence in a criminal case, understanding what that information actually establishes, and what it does not, can be an important part of evaluating the evidence and building a defense.
Have You Been Accused?
If you’re facing criminal charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced Wichita criminal lawyer about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
