Latest / Commentary - TJ Meadows / Flock or the Fourth Amendment? Huntington Chose Poorly
Transcript
- 0:00Speaker 1: Huntington City Council voted early Tuesday morning to approve a
- 0:03Speaker 1: five year, roughly two point one million dollar contract with
- 0:07Speaker 1: Flock Safety for a package of public safety technology that
- 0:11Speaker 1: includes license plate readers, live cameras, drones, and audio detection.
- 0:17Speaker 1: Flock cameras are raising questions across America, from city halls
- 0:21Speaker 1: to federal courtrooms. The fundamental issue is simple Flock or
- 0:26Speaker 1: the Fourth Amendment. When those two come into conflict, the
- 0:30Speaker 1: Constitution must win. The Fourth Amendment guarantees quote the right
- 0:35Speaker 1: of the people to be secure in their persons, houses, papers,
- 0:40Speaker 1: and effects against unreasonable searches and seizures. It's one of
- 0:45Speaker 1: the bedrocks of American liberty. Now. To be clear, no
- 0:49Speaker 1: one has a constitutional right to hide a license plate
- 0:53Speaker 1: while driving on a public road. Police officers can see it,
- 0:57Speaker 1: other drivers can see it. Anyone's stands ending on a
- 1:00Speaker 1: sidewalk can photograph it. The question isn't whether a single
- 1:04Speaker 1: observation is constitutional. The question is what happens when government
- 1:10Speaker 1: collects millions of those observations, stores them in a searchable database,
- 1:15Speaker 1: and gains the ability to reconstruct where people have traveled,
- 1:20Speaker 1: when they traveled, and potentially whom they visited. The Supreme
- 1:24Speaker 1: Court recently reinforced that technology changes the constitutional analysis. In
- 1:30Speaker 1: Chatry versus United States, the Court held that obtaining stored
- 1:34Speaker 1: cell phone location history was a Fourth Amendment search. It
- 1:39Speaker 1: did not decide the legality of flock cameras, but it
- 1:43Speaker 1: recognized that government's ability to collect, retain, and analyze large
- 1:48Speaker 1: amounts of personal location information matters. That very issue is
- 1:54Speaker 1: now before the Fourth Circuit in a challenge to Norfolk,
- 1:57Speaker 1: Virginia's block camera system. None of this is to deny
- 2:01Speaker 1: these systems can help solve crimes, recover stolen vehicles, or
- 2:05Speaker 1: find missing people. They can, and those are worthy goals.
- 2:09Speaker 1: But good intentions do not suspend constitutional limits. The Fourth
- 2:15Speaker 1: Amendment exists to restrain government power even when government believes
- 2:20Speaker 1: its actions are reasonable and necessary. In fact, that's precisely
- 2:25Speaker 1: when constitutional guardrails matter most. The City of Huntington should
- 2:30Speaker 1: revisit this decision before the system is deployed. The legal
- 2:34Speaker 1: questions remain unsettled, the constitutional concerns are real, and when
- 2:40Speaker 1: government must choose between expanding surveillance and preserving individual liberty,
- 2:45Speaker 1: the Fourth Amendment should never be treated as an inconvenience
- 2:50Speaker 1: standing in the way