Comment by pj_mukh
7 hours ago
"Law enforcement is setting up a multi-county dragnet by putting every version or mistype of a license plate into a warrant list"
wouldn't be a story? It should be! We should have a higher standard for the people with guns and a badge on the street.
Flock is the problem too because their system is enabling the rights violations to scale up.
Flock can also fix this by validating the description of the target vehicle against the detected vehicle.
The dispatch backend can fix this by annotating this warrant with a warning that its not this particular vehicle.
Police themselves can fix this by being a human check on dumb entries in computer systems.
As we've seen with multiple incidents across the country, police largely don't want to be a human check. They want the computer to tell them who to arrest, regardless of facts in reality.
Its by design. By using a third party, they can get around the 4th amendment.
Using a third-party to bypass legal restrictions should in and of itself be considered willful and knowledgeable intent to violate the Constitution under color of law, regardless of the specific actions taken
I'm not convinced they can always get around it... I think they could challenge their arrest in court on Fourth Amendment grounds and have a chance at winning:
https://epic.org/vehicle-fingerprinting-through-pervasive-ca...
>In the 2018 case Carpenter v. United States, the Supreme Court affirmed that individuals have a reasonable expectation of privacy in their long term movements (even in public spaces) and, because of that expectation, queries into long term location tracking data constitute a Fourth Amendment search that requires a warrant.
I suppose they would also have to argue that they are not the actual target of the warrant.
How are they not an 'agent of the state' and how does the 4th not apply? If the government asked for the scan/info on the vehicle, they are acting on behalf of the government?
https://www.fletc.gov/audio/definition-government-agent-unde...
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