WILL sues multiple Wisconsin municipalities over Flock surveillance, alleging Fourth Amendment violations
WAUKESHA, Wis. (CBS 58) -- The Wisconsin Institute for Law & Liberty (WILL) filed a new lawsuit seeking to prevent AI-powered government surveillance through Flock cameras without a warrant or valid warrant exception. The lawsuit was filed on behalf of taxpayers and Waukesha County citizens against. It cites 11 cities and villages in Waukesha County, plus the Waukesha County government.
“Our client, I have a photograph I put up on my X account where every morning he looks out his back door and he sees a Flock camera looking back at him that is very concerning,” Dan Lennington, the deputy council at WILL said.
The organization argues that government searches of the Flock Location Database without a warrant or valid exception violate the Fourth Amendment. The Fourth Amendment is a part of the U.S. Constitution's Bill of Rights that protects people from unreasonable searches and seizures by the government.
“The Supreme Court has held that when the government uses electronic data bases to track someone’s physical movements like police officers when they are putting together a criminal case, they need a warrant from a judge before they search the data base,” Lennington said.
The organization calls the cameras intrusive. According to WILL some cameras record movements near homes. The organization added that Flock cameras are installed near churches, gun stores, and Home Depots. WILL states there are over 120 cameras in Waukesha County, and over 1,500 in Wisconsin and that according to Flock reports there are120,000 nationwide cameras monitored by over 6,000 law enforcement agencies.
“Flock cameras essentially place the public under constant surveillance. Our lawsuit will not result in their removal or the end of their use. But it will ensure their use is accompanied by reasonable safeguards that will balance the needs of law enforcement with the public’s right to privacy,” WILL President and General Counsel, Rick Esenberg, stated.
According to WILL the Flock Location Database is searchable by almost anyone with an account. Police can search their own cameras but also perform regional or nationwide searches. No Wisconsin agency requires probable cause or a warrant before searching this database. Most agencies have unrestrictive policies.
CBS 58 reached out to Waukesha County for comment on the lawsuit and they sent the following statement.
“It is the practice of the Waukesha County Office of Corporation Counsel to not comment on pending litigation.”- Corporation Counsel Erik Weidig
Read the lawsuit below: