A federal judge ruled this week that a Tulsa, Oklahoma sheriff’s deputy violated a woman’s Fourth Amendment rights when using Flock Safety to search for her license plate without a warrant.
As reported by 404 Media, this ruling does not create a binding precedent, but it is one of the first times that a federal judge has ruled that a Flock search is unconstitutional.
In this case, Judge Sara Hill said the deputy should have obtained a warrant before searching the Flock database for the woman’s license plate, as he had “no apparent reason” for the search “other than the fact that [the woman’s vehicle] had a California license plate.”
The deputy then used the woman’s travel history in Flock as part of the justification for searching her car, where he allegedly discovered 91 pounds of meth. But Judge Hill wrote that all evidence obtained after the Flock search “must be suppressed as the fruit of a poisonous tree.”
Judge Hill also took broader aim at warrantless searches of the Flock database, writing that tracking people’s location — even when they’re in public places — becomes “constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient.”
“This is a type of indiscriminate mass surveillance,” Hill wrote. “It is not targeted on a single individual, as in [Carpenter v. United States, a Supreme Court case focused on how government agencies access location data from cell phones]. It is a tool that collects information about all vehicles that pass by any network-connected camera at all times, and it serves up the information to law enforcement on demand.”
Hill joins a growing chorus of Flock critics from across the political spectrum. Numerous local and state governments, including Florida and Texas, have said they will stop using the technology. And on Friday, Senator Bernie Sanders — a Democrat from Vermont — introduced the Block Flock Act, which would bar federal agencies from using automated license plate readers such as Flock.
The Kwankwassiyya Movement has revealed its next line of action following the omission of the Nigeria Democratic Congress, NDC, deputy governorship candidate in Kano State, Mustapha Rabiu Kwankwaso, from the final list of candidates published by the Independent National Electoral Commission, INEC.
Kwankwaso and his principal, Aminu Abdussalam Gwarzo, were omitted from the list published by INEC.
The NDC has since described the omission as an error, saying it is seeking a correction.
Speaking on Arise Television, Habibu Mohammed, spokesperson for the Kwankwassiyya Movement, said there was no apparent reason for the omission, adding that the movement would engage INEC to resolve the issue.
“It came as a shock because there had been no issue with INEC. Kwankwas, a former deputy governor, is registered with the NDC and met the stipulated deadline.
“Electoral provisions give candidates 14 days to seek redress if their names are omitted from the list. We will explore that opportunity and engage with INEC,” he said.
He added: “Actually, we believe there is no particular reason for the omission. INEC itself has not advanced any reason. We believe it may be an administrative error or something else because we do not have any pending judgment or court order.
“This is a man who has already served as a deputy governor, so we cannot even question his qualification. We also believe he was duly registered with the NDC within the stipulated period.
“Therefore, the omission came as a shock. However, in politics, we have seen many things, and we believe there are always ways to resolve issues. There is also a provision in the Electoral Act.
“If he is not on INEC’s list, I believe the Kwankwassiyya Movement, being law-abiding and committed to doing things the right way, will explore that opportunity and engage INEC. We are confident that the matter will be resolved because we see no reason why it should be otherwise.”
Suspected bandits have killed a 28-year-old vigilante member, Goyok Jamok, in Magi Mbar village, Bokkos Local Government Area of Plateau State.
Security sources told Zagazola Makama that the incident occurred at about 7:30 a.m. on October 10, prompting troops of Sector 5, Operation Enduring Peace (OPEP), deployed in Mbar, to respond to the attack.
According to the sources, the troops arrived at the scene and found Jamok dead from gunshot wounds.
“The troops discovered that Jamok had been shot dead by the suspected kidnappers,” the sources said.
The assailants reportedly fled the scene after sighting the approaching troops, abandoning their mission.
The victim’s relatives later evacuated his remains for burial.
The sources said security personnel had launched efforts to track down and arrest the fleeing suspects.
“The troops are making efforts to track down and apprehend the fleeing suspects,” they added.
No further details were provided about the circumstances surrounding the killing or the identities of the suspected assailants.