Comment by _DeadFred_

If Flock flags license plates at the request of the government, it is acting as an agent of the state and is required to meet governement/constitutional requirements.

How does flock get around this? It can't be an agent of the state AND be private and exempts from 4th amendment/all constitutional requirements?

https://www.fletc.gov/audio/definition-government-agent-unde...

Solari: No sir, unless he was for some reason acting on behalf of the government or had been asked by a government agent to do that. Unless that were the case then if that person was acting in his own private capacity as a UPS or FedEx employee then he would not be a government agent for 4th Amendment purposes.

Miller: Can private parties ever trigger the 4th Amendment?

Solari: Yes, as we discussed, if a private party were to be acting at the behest of the government -- if a government agent were to ask that FedEx person to open up a package and look inside, or to ask someone’s girlfriend to go through their things looking for evidence to turn over to the police, then that would be government activity. That would be the actions of a government agent because government agents can’t ask private parties to do something they themselves couldn’t do under the 4th Amendment, so in that type of instance it would be extended to that private party.