The Use Of Flock Cameras & ALPRs In Drug Prosecutions
Florida law sees drug offenses like possession or sale as some of the most serious nonviolent offenses that a person can commit. They are seen as crimes against society, and the sentences handed down to those convicted are among the harshest in the United States. Recently, Florida law enforcement has started to use two tools to help apprehend offenders who might otherwise elude them – so-called ‘Flock’ cameras, and automated license plate readers (ALPRs). If you have been charged with a drug crime, it is a good idea to be aware of these tools and know how they can contribute to placing you behind bars.
Traffic Stops In Real Time
Security cameras and closed-captioned TV (CCTV) have become a part of modern life, with most public places (and many private homes) being monitored in order to cut down on crime. That said, the cameras made by Flock Safety, a company specializing in security hardware, take detailed images of every vehicle that passes them, down to bumper stickers, minor body damage like scratches, and roof racks. The company calls it ‘vehicle fingerprinting.’
These devices are connected to Flock’s own private network, which then sends information in real time to any law enforcement agency that has a contract with the company – including the Hillsborough County Sheriff’s Office (HCSO), and the Palm Beach County Sheriff’s Office (PBSO). In theory, then a traffic stop can be made far quicker and easier given that law enforcement already has the person’s location. Proponents of these argue that it helps to prevent perpetrators from avoiding consequences.
Problems With Data Usage
Despite the alleged benefits, concerns remain about the legality of such extensive surveillance. This may feel invasive to the average person, but many different courts have upheld the collection of this data as not infringing upon the Fourth Amendment rights of the driver. That said, courts are less uniform when deciding on the legality of that data’s usage. The methods by which the data is shared with law enforcement have been challenged, and questions have been raised about how the data is used afterward, particularly if it appears targeted to a specific minority.
People who possess or sell drugs are unlikely to be specifically targeted by Flock cameras or ALPRs. However, the use of that data if it results in an arrest can raise questions in court. For example, ALPRs are prone to mistakes despite their allegedly advanced nature, confusing one character for another. Another point often brought up by defense attorneys is that as of this writing, a law enforcement officer must have “independent reasonable suspicion” in order to perform a traffic stop. An alert from an ALPR is not sufficient grounds for a stop on its own.
Contact A West Palm Beach Drug Offenses Attorney
As this technology evolves, we may see a higher success rate and a more responsible way of using ALPR data – but at this point, anyone arrested on a drug charge should be aware of its potential fallibilities. The right attorney can work to exploit them – a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help guide you through the legal process. Contact our office today to speak to an attorney.
