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        <title><![CDATA[License Plate Readers - Brancato Law Firm, P.A.]]></title>
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                <title><![CDATA[Can Police Be Charged for Misusing Flock Cameras in Florida?]]></title>
                <link>https://www.brancatolawfirm.com/blog/police-misuse-flock-cameras-florida/</link>
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                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Mon, 05 Oct 2026 15:46:37 GMT</pubDate>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                    <category><![CDATA[Investigations & Pre-Charge Defense]]></category>
                
                
                    <category><![CDATA[Fourth Amendment]]></category>
                
                    <category><![CDATA[Law Enforcement Officers]]></category>
                
                    <category><![CDATA[License Plate Readers]]></category>
                
                
                
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                <description><![CDATA[<p>Yes. Florida prosecutes officers who use Flock cameras, automated license plate readers (ALPRs), or other police databases for personal reasons under the Florida Computer Crimes Act, section 815.06, and the official misconduct statute, section 838.022. Each offense is a third-degree felony punishable by up to five years in prison. On September 30, 2026, the Pinellas&hellip;</p>
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<p class="wp-block-paragraph">Yes. Florida prosecutes officers who use Flock cameras, automated license plate readers (ALPRs), or other police databases for personal reasons under the Florida Computer Crimes Act, section 815.06, and the official misconduct statute, section 838.022. Each offense is a third-degree felony punishable by up to five years in prison. On September 30, 2026, the Pinellas County Sheriff’s Office arrested two former deputies on those charges: one accused of using state databases to research a 17-year-old girl, and one accused of running a woman’s license plate through the agency’s ALPR system about 300 times.</p>
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<p class="wp-block-paragraph">I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a <a href="https://www.brancatolawfirm.com/">Tampa criminal defense</a> firm. I served as Chief Operating Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100, taught at the police academy, and am on call for the Tampa PBA and Suncoast PBA. Today our attorneys handle license plate reader cases from both sides of the badge: people whose movements were tracked, and officers accused of tracking them.</p>



<p class="wp-block-paragraph">Our earlier guide, <a href="https://www.brancatolawfirm.com/blog/flock-cameras-alprs-tampa/">What Are Flock Cameras and ALPRs in Tampa?</a>, explains how the cameras work. This article covers what happens when the people with access abuse it.</p>



<h2 id="h-what-happened-in-the-pinellas-county-deputy-arrests" class="wp-block-heading">What Happened in the Pinellas County Deputy Arrests?</h2>



<p class="wp-block-paragraph">Two former Pinellas County deputies were arrested on September 30, 2026, in separate cases involving personal use of law enforcement databases, Sheriff Bob Gualtieri announced. Both men had resigned before their arrests, and both are presumed innocent. The facts below come from the sheriff’s public account, <a href="https://iontb.com/pinellas-sheriff-former-deputies-used-law-enforcement-systems-to-access-information-on-women-they-pursued/">as reported by IONTB</a>.</p>



<h3 id="h-the-17-year-old-and-the-alpr-hit-that-never-happened" class="wp-block-heading">The 17-year-old and the “ALPR hit” that never happened</h3>



<p class="wp-block-paragraph">Former Deputy Travis Stanton, 33, was a community deputy in Seminole. According to the sheriff, a 17-year-old restaurant worker told him her age and her car on July 28, 2026. Minutes later, Stanton allegedly ran her plate through the Florida Crime Information Center (FCIC) and then used other databases to identify her mother’s household and pull driver’s license photos of the girl and her twin sister. On August 19, he allegedly ran more searches from the Seminole High School parking lot, entering the reason code “verifying an identity.”</p>



<p class="wp-block-paragraph">Stanton later told the girl he had received an ALPR alert showing her license was suspended for truancy. Gualtieri said no such alert existed, and that Stanton’s case did not involve misuse of the ALPR database itself. Stanton is charged with unlawful access to a computer network under section 815.06 and official misconduct under section 838.022.</p>



<h3 id="h-381-searches-of-one-woman-across-five-databases" class="wp-block-heading">381 searches of one woman across five databases</h3>



<p class="wp-block-paragraph">Former Deputy Karl Gwynne, 57, joined the agency in 2005. According to the sheriff, he ran 381 searches on a 35-year-old woman across five databases between January 2025 and July 2026, including 300 ALPR searches. He made 207 of them off duty. Gwynne had arrested the woman in 2010, and she had rejected his advances. He faces four counts of unlawfully accessing a computer system and one count of official misconduct. In our experience, cases like these are decided by the audit trail, and both will likely turn on what the logs show.</p>



<h2 id="h-what-florida-crimes-apply-when-an-officer-misuses-a-license-plate-reader" class="wp-block-heading">What Florida Crimes Apply When an Officer Misuses a License Plate Reader?</h2>



<p class="wp-block-paragraph">Two felony statutes carry most Florida prosecutions, and a third law decides the officer’s pension. Our attorneys analyze all three at the outset of any officer database case.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1424" src="/static/2026/10/florida-charges-police-database-misuse.jpg" alt="Infographic of Florida charges for police license plate reader misuse: Computer Crimes Act and official misconduct felonies, up to 5 years and a $5,000 fine per count, and pension forfeiture risk, by The Brancato Law Firm, P.A." class="wp-image-5149" style="width:600px" srcset="/static/2026/10/florida-charges-police-database-misuse.jpg 1080w, /static/2026/10/florida-charges-police-database-misuse-228x300.jpg 228w, /static/2026/10/florida-charges-police-database-misuse-777x1024.jpg 777w, /static/2026/10/florida-charges-police-database-misuse-768x1013.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<figure class="wp-block-table"><table class="has-fixed-layout"><thead><tr><th>Law</th><th>What it covers</th><th>Consequence</th></tr></thead><tbody><tr><td><a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0815%2F0815.html">Fla. Stat. 815.06(2)(a)</a> (Florida Computer Crimes Act)</td><td>Knowingly accessing a computer system without authorization, or in a manner that exceeds authorization</td><td>Third-degree felony; up to 5 years in prison and a $5,000 fine</td></tr><tr><td><a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0838%2F0838ContentsIndex.html&StatuteYear=2023&Title=-%3E2023-%3EChapter+838">Fla. Stat. 838.022</a> (official misconduct)</td><td>A public servant knowingly obtains a benefit or causes unlawful harm by falsifying, concealing, or altering an official record</td><td>Third-degree felony; up to 5 years in prison and a $5,000 fine</td></tr><tr><td>Fla. Stat. 112.3173 (pension forfeiture)</td><td>Conviction of a “specified offense,” which includes felonies in chapter 838</td><td>Loss of public retirement benefits except the officer’s own contributions</td></tr></tbody></table></figure>



<h3 id="h-why-exceeds-authorization-is-the-heart-of-the-case" class="wp-block-heading">Why “exceeds authorization” is the heart of the case</h3>



<p class="wp-block-paragraph">Florida courts have debated this question for 30 years. In <a href="https://law.justia.com/cases/florida/district-courts-of-appeal/1993/618-so-2d-757.html">Gallagher v. State, 618 So. 2d 757 (Fla. 4th DCA 1993)</a>, a Sunrise Police Department aide ran her boyfriend through NCIC and FCIC out of curiosity. The Fourth District affirmed her conviction without an opinion, while Chief Judge Glickstein dissented, arguing that the statute punished unauthorized access, not improper use. The current statute closes that gap. The 2018 version reached only access “without authorization,” and the version in force after the 2019 amendment also reaches access where “the manner of use exceeds authorization.”</p>



<p class="wp-block-paragraph">Even so, <a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0815/Sections/0815.06.html">section 815.06(7)(b)</a> exempts a person acting “within the scope of his or her lawful employment.” Purpose is therefore the battleground. Prosecutors prove it with case numbers, reason codes, and timing, such as Gwynne’s 207 off-duty searches. Our <a href="https://www.brancatolawfirm.com/top-tampa-internet-crimes-attorney/">Tampa internet crimes attorney</a> page explains how we defend computer crimes charges.</p>



<h3 id="h-why-official-misconduct-is-harder-to-prove" class="wp-block-heading">Why official misconduct is harder to prove</h3>



<p class="wp-block-paragraph">Official misconduct requires two things beyond a bad search. The state must prove the officer falsified, concealed, or altered an official record, and the statute limits “official record” to public records. The state must also prove the officer acted to obtain a “benefit,” which section 838.014 defines as any gain or advantage, including anything the person regards as one.</p>



<p class="wp-block-paragraph">The benefit element is where these cases are won and lost. In <a href="https://law.justia.com/cases/florida/sixth-district-court-of-appeal/2023/6d23-0311.html">Jones v. State, No. 6D2023-0311 (Fla. 6th DCA June 23, 2023)</a>, a Polk County detective falsified investigative reports for two years. The Sixth District ordered acquittal on all 18 official misconduct counts because the state never proved he falsified the reports to obtain a benefit. Trial courts in Pinellas and Hillsborough follow Jones unless the Second District rules otherwise.</p>



<h3 id="h-the-pension-consequence-few-people-discuss" class="wp-block-heading">The pension consequence few people discuss</h3>



<p class="wp-block-paragraph">A conviction for a chapter 838 felony forfeits a public employee’s retirement benefits under section 112.3173, and a no contest plea counts as a conviction. The exact count matters. In <a href="https://case-law.vlex.com/vid/houston-v-city-of-894517845">Houston v. City of Tampa Firefighters & Police Officers’ Pension Fund Board of Trustees, 303 So. 3d 233 (Fla. 2d DCA 2020),</a> a Tampa police sergeant accused of using the DAVID driver’s license database in a tax refund scheme pleaded guilty only to receiving stolen federal property. The Second District reversed the forfeiture of her pension and ordered it restored with interest, because her plea did not establish a specified offense. For an officer, what the plea says matters as much as whether there is one.</p>



<h2 id="h-how-common-is-flock-and-alpr-misuse-by-police" class="wp-block-heading">How Common Is Flock and ALPR Misuse by Police?</h2>



<p class="wp-block-paragraph">Documented cases now number in the dozens. In August 2026, The Washington Post reported that at least 46 officers nationwide had been accused of using license plate cameras for unauthorized tracking, <a href="https://www.aljazeera.com/news/2026/8/14/flock-adds-safeguards-to-licence-plate-readers-after-wave-of-stalking-cases">according to Al Jazeera</a>. Our firm tracks these prosecutions because the sentences are rising.</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><thead><tr><th>Case</th><th>Allegation</th><th>Outcome</th></tr></thead><tbody><tr><td>Kechi, Kansas (2022)</td><td>Lieutenant used Wichita’s Flock system to monitor his estranged wife</td><td>Misdemeanor plea; 18 months of probation (<a href="https://www.sedgwickcounty.org/media/63863/heiar-sentenced-news-release.pdf">Sedgwick County DA</a>)</td></tr><tr><td>Lufkin, Texas (2026)</td><td>More than 25,000 non-law-enforcement searches, mostly on an ex-girlfriend and her circle</td><td>Guilty plea to 100 counts; 5 years in prison (<a href="https://www.ktre.com/2026/09/30/lufkin-officer-pleads-5-years-100-counts-related-flock-camera-misuse/">KTRE</a>)</td></tr><tr><td>Haines City, Florida (2026)</td><td>Officer allegedly searched his estranged wife’s plate 717 times</td><td>Charged under sections 815.06 and 838.022 (<a href="https://www.wftv.com/news/trending/affidavit-police-officer-used-flock-cameras-track-estranged-wife-717-times/5DVBYU2XTJEVDJR7LPZCBR7M5M/">WFTV</a>)</td></tr><tr><td>Indianapolis (2026)</td><td>Four officers and one former officer</td><td>Fraud and misconduct; one also charged with stalking (<a href="https://www.wsaw.com/2026/09/25/5-officers-charged-with-flock-misuse-1-allegedly-tracked-women-interact-with-them/">WSAW</a>)</td></tr><tr><td>Pinellas County, Florida (2026)</td><td>Two former deputies</td><td>Charged under sections 815.06 and 838.022; pending</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">In 2023, the Kansas lieutenant received probation. By September 30, 2026, the Texas officer was headed to prison for five years.</p>



<h2 id="h-who-catches-officers-who-misuse-license-plate-readers" class="wp-block-heading">Who Catches Officers Who Misuse License Plate Readers?</h2>



<p class="wp-block-paragraph">Outsiders catch most of them. Where the public record shows how a case began, the first alarm usually came from a victim, a victim’s friend, or a reporter reading public search logs. Agencies then acted quickly. Our attorneys look first at how a case surfaced, because it shapes both the proof and the defense.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="1080" height="1424" src="/static/2026/10/who-catches-police-flock-camera-misuse.jpg" alt="Infographic showing how police Flock camera misuse cases came to light through victims, reporters, and audits, followed by agency arrests, by The Brancato Law Firm, P.A." class="wp-image-5150" style="width:600px" srcset="/static/2026/10/who-catches-police-flock-camera-misuse.jpg 1080w, /static/2026/10/who-catches-police-flock-camera-misuse-228x300.jpg 228w, /static/2026/10/who-catches-police-flock-camera-misuse-777x1024.jpg 777w, /static/2026/10/who-catches-police-flock-camera-misuse-768x1013.jpg 768w" sizes="auto, (max-width: 1080px) 100vw, 1080px" /></figure>
</div>


<figure class="wp-block-table"><table class="has-fixed-layout"><thead><tr><th>Case</th><th>How the misuse surfaced</th><th>Who investigated</th></tr></thead><tbody><tr><td>Pinellas, Gwynne</td><td>TCPalm reporter asked about unusual searches; the agency first said all queries were valid</td><td>Pinellas County Sheriff’s Office</td></tr><tr><td>Pinellas, Stanton</td><td>The 17-year-old reported him</td><td>Pinellas County Sheriff’s Office</td></tr><tr><td>Haines City</td><td>The Washington Post contacted the officer’s estranged wife; he then told a supervisor</td><td>Haines City Police Department</td></tr><tr><td>Kechi, Kansas</td><td>Victim’s friend asked a Wichita officer about a stalking order</td><td>Wichita Police Department</td></tr><tr><td>Indianapolis</td><td>Disputed: the Post credits its outreach; the chief cites a self-report and internal audit</td><td>IMPD and Marion County Prosecutor</td></tr><tr><td>Shively, Kentucky</td><td>Flock’s AI auditing tool</td><td>Shively Police Department</td></tr><tr><td>Albany, Georgia</td><td>Internal audit</td><td>Georgia Bureau of Investigation</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Sources: <a href="https://www.cltampa.com/news/pinellas-sheriff-arrests-two-deputies-after-tcpalm-reporter-sends-flock-inquires/">Creative Loafing Tampa</a>, <a href="https://www.dexerto.com/entertainment/florida-police-officer-accused-of-using-ai-flock-cameras-to-track-ex-wife-717-times-3400226/">Dexerto</a>, <a href="https://www.washingtonpost.com/technology/2026/09/23/five-indianapolis-officers-charged-following-posts-reporting-flock-misuse/">The Washington Post</a>, <a href="https://www.cnn.com/2026/08/26/us/flock-kentucky-police-officer-arrest">CNN</a>, and <a href="https://www.techtimes.com/articles/322912/20260804/police-turned-flocks-license-plate-network-stalking-tool-least-50-cases.htm">Tech Times</a>.</p>



<p class="wp-block-paragraph">The Washington Post put it bluntly in an August 2026 headline: “Police departments weren’t looking for officers abusing Flock. We did it for them.” Its <a href="https://www.washingtonpost.com/technology/2026/08/19/we-found-cops-who-misused-flock-their-police-departments-didnt-know/">review of search logs</a> led to discipline in two departments.</p>



<h3 id="h-where-the-thin-blue-line-holds-and-where-it-breaks" class="wp-block-heading">Where the thin blue line holds, and where it breaks</h3>



<p class="wp-block-paragraph">Detection is the weak point. Once misuse is exposed, agencies have acted fast. Pinellas arrested its own deputies, Lufkin called in the Texas Rangers, and Haines City arrested its officer within a day of learning of the searches. In the cases reviewed here, no agency shielded an officer once the facts were public. Four gaps explain why detection lags:</p>



<ol class="wp-block-list">
<li><strong>No audit requirement.</strong> Florida’s ALPR statutes, <a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399%2F0316%2FSections%2F0316.0777.html">section 316.0777</a> and section 316.0778, govern placement, retention, and public records. Neither requires an agency to review who searched what.</li>



<li><strong>Empty reason codes.</strong> “Investigation” was the most common reason Wisconsin agencies entered for Flock searches in early 2025, <a href="https://www.yahoo.com/news/articles/milwaukee-officer-accused-misusing-flock-111524582.html">the Wisconsin Examiner found</a>.</li>



<li><strong>Shared logins.</strong> Pinellas runs searches through a shared “service account” across three vendors, so its public log cannot show which deputy searched, <a href="https://www.yahoo.com/news/us/articles/two-florida-deputies-arrested-flock-144230310.html">TCPalm reported</a>.</li>



<li><strong>Shrinking outside visibility.</strong> Flock now redacts officer names and plates from public audit logs, which narrows the channel that has caught the most officers.</li>
</ol>



<h3 id="h-who-decides-the-charges" class="wp-block-heading">Who decides the charges</h3>



<p class="wp-block-paragraph">The arresting agency does not make the final charging decision in Florida. The State Attorney for the Sixth Judicial Circuit, which covers Pinellas and Pasco, will decide whether and how to charge Stanton and Gwynne. In Hillsborough, that decision belongs to the Thirteenth Circuit State Attorney. For an accused officer, the investigation’s path shapes the defense. A shared service account forces the state to prove who ran each search, while an officer’s own admission to a supervisor, as in the Gwynne and Haines City cases, leaves far less room.</p>



<h2 id="h-what-did-governor-desantis-order-on-license-plate-readers" class="wp-block-heading">What Did Governor DeSantis Order on License Plate Readers?</h2>



<p class="wp-block-paragraph">Governor Ron DeSantis directed the Florida Department of Transportation to revoke permits for ALPRs on state highway rights-of-way, effective September 30, 2026. The <a href="https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/design/bulletins/eom26-01.pdf?sfvrsn=52938dee_1&Status=Master">FDOT memorandum</a> cited reports of misuse and data privacy concerns. DeSantis said, “I don’t want to have this become a surveillance state,” <a href="https://www.axios.com/local/tampa-bay/2026/09/01/license-plate-readers-desantis-florida-order-pinellas-hillsborough">Axios reported</a>.</p>



<p class="wp-block-paragraph">Section 316.0777 supplies the authority: ALPRs sit on state highway rights-of-way only at FDOT’s discretion, and must come down within 30 days of notice. The order does not reach city streets, county roads, or private property. Our attorneys tell Tampa Bay drivers the same thing: the cameras moved off state roads, and local networks remain.</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><thead><tr><th>Agency</th><th>Status as of September 30, 2026</th></tr></thead><tbody><tr><td>Tampa Police Department</td><td>Removed 17 cameras on state roads; keeps the rest</td></tr><tr><td>Hillsborough County Sheriff’s Office</td><td>Removed cameras from state rights-of-way; no broader change</td></tr><tr><td>Pinellas County Sheriff’s Office</td><td>Complying on state roads; continuing elsewhere</td></tr><tr><td>Pasco County Sheriff’s Office</td><td>Ended its Flock contract; about 70 cameras coming down</td></tr><tr><td>St. Petersburg Police Department</td><td>Removing 6 cameras on state roads</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Sources: <a href="https://www.axios.com/local/tampa-bay/2026/09/01/license-plate-readers-desantis-florida-order-pinellas-hillsborough">Axios Tampa Bay</a> and <a href="https://www.tampabay28.com/news/local-news/tampa-metro-west-hillsborough-county/alprs-are-gone-from-florida-state-roads-but-remain-elsewhere-across-tampa-bay">ABC Action News</a>.</p>



<h2 id="h-where-do-florida-candidates-stand-on-flock-cameras" class="wp-block-heading">Where Do Florida Candidates Stand on Flock Cameras?</h2>



<p class="wp-block-paragraph">Neither major-party nominee for governor has promised a full ban, but both support the DeSantis order. Democrat David Jolly wants a judicial warrant before police use the data, and Republican Byron Donalds wants harsher penalties for officers who abuse it, <a href="https://www.tampabay.com/news/florida-politics/elections/2026/09/25/flock-cameras-license-plate-readers-jolly-donalds-desantis/">the Tampa Bay Times reported</a>. Donalds called for a pause on Flock contracts in July. Jolly also wants a special legislative session and a ban on use for immigration enforcement.</p>



<p class="wp-block-paragraph">Locally, former Governor Charlie Crist proposes a moratorium on expanding St. Petersburg’s Flock system, while Mayor Ken Welch defends it, ahead of their November 3 runoff, <a href="https://baynews9.com/fl/tampa/news/2026/08/19/crist-calls-for-flock-camera-moratorium-in-st-pete-welch-defends-use">per Bay News 9</a>. Nationally, more than 150 local governments have deactivated or canceled ALPR contracts, according to the advocacy group DeFlock, and Texas Governor Greg Abbott blocked state agencies from spending on Flock’s networks, <a href="https://www.claimsjournal.com/news/national/2026/09/03/339944.htm">Claims Journal reported</a>. Any rewrite the Legislature passes next session will change what ALPR evidence looks like in Tampa Bay courtrooms, and our firm will update this guide when it does.</p>



<h2 id="h-what-is-law-enforcement-s-case-for-keeping-license-plate-readers" class="wp-block-heading">What Is Law Enforcement’s Case for Keeping License Plate Readers?</h2>



<p class="wp-block-paragraph">Sheriffs and chiefs argue the cameras solve violent crimes and find missing people, and that the answer to misuse is punishment. “Don’t throw the baby out with the bathwater,” Gualtieri said on September 30, crediting the cameras with solving homicides and rapes. According to the Tampa Police Department, its ALPR system has assisted in 622 arrests, 485 vehicle recoveries, 68 firearm recoveries, and 14 missing-person cases since 2021, <a href="https://floridapolitics.com/archives/818011-tampa-police-to-pull-17-license-plate-readers-as-hillsborough-reviews-impact-of-flock-crackdown/">per Florida Politics</a>.</p>



<p class="wp-block-paragraph">The strongest evidence involves abducted children. In 2024, the National Center for Missing & Exploited Children <a href="https://www.missingkids.org/blog/2025/roads-to-recovery-how-one-of-ncmecs-partners-is-helping-bring-missing-children-home">partnered with Flock</a> to push AMBER Alert vehicles into the camera network. In August 2026, Lake City police used Flock to find a woman’s SUV that her boyfriend allegedly drove off with while her two children were inside, <a href="https://www.wfla.com/news/florida/florida-police-use-flock-cameras-to-find-abducted-children-arrest-man/">WFLA reported</a>.</p>



<p class="wp-block-paragraph">Controlled research is more modest on deterrence. In a randomized experiment across 30 crime hot spots in Northern Virginia, George Mason University researchers found no statistically significant drop in crime from license plate reader patrols during a 30-day follow-up (Lum et al., Journal of Experimental Criminology, 2011), as summarized by the Justice Department’s <a href="https://crimesolutions.ojp.gov/ratedprograms/license-plate-recognition-technology-crime-deterrent">CrimeSolutions program</a>. That study tested patrols, not investigations. Both claims can hold: the cameras may prevent little crime, yet still find a specific car carrying a specific child. Our attorneys see the same tension in court, where an ALPR hit can be strong evidence of location and weak evidence of anything else.</p>



<h2 id="h-does-the-fourth-amendment-limit-police-searches-of-flock-data" class="wp-block-heading">Does the Fourth Amendment Limit Police Searches of Flock Data?</h2>



<p class="wp-block-paragraph">The law is unsettled, and 2026 moved it toward privacy. In <a href="https://www.law.cornell.edu/supremecourt/text/16-402">Carpenter v. United States, 585 U.S. 296 (2018)</a>, the FBI obtained months of a robbery suspect’s cell-site location records without a warrant, and the Supreme Court held that acquiring them was a search. In Chatrie v. United States, 146 S. Ct. 2193 (2026), police used a geofence warrant to obtain Google location data near a Virginia bank robbery. By a 6-3 vote, the Court held that obtaining location history this way is a search, even for a short period. Justice Kagan wrote for five justices, and Justice Gorsuch concurred in the judgment, as the Congressional Research Service <a href="https://www.congress.gov/crs-product/LSB11274">explains</a>. Chatrie never mentions license plate readers, but it repeats Carpenter’s point that society has not expected police to “secretly monitor and catalogue every single movement of an individual’s car.”</p>



<h3 id="h-the-tampa-license-plate-reader-ruling" class="wp-block-heading">The Tampa license plate reader ruling</h3>



<p class="wp-block-paragraph">In United States v. Floyd, No. 8:23-cr-00305 (M.D. Fla. Nov. 21, 2025), detectives tied a robbery suspect’s Mazda to a string of Tampa Bay store robberies through Vigilant hits and the Hillsborough County Sheriff’s Office “Eye on Crime” ALPR system. U.S. District Judge Tom Barber denied suppression, holding that the readers captured discrete snapshots on public roads and that querying the databases was not a search. Floyd predates Chatrie, so our attorneys treat the question as open again for any client whose case rests on a long trail of ALPR hits.</p>



<p class="wp-block-paragraph">Elsewhere, Schmidt v. City of Norfolk, No. 2:24-cv-621 (E.D. Va. Jan. 27, 2026), upheld Norfolk, Virginia’s network of about 176 Flock cameras. The appeal, <a href="https://www.courtlistener.com/docket/72357963/lee-schmidt-v-city-of-norfolk/">No. 26-1227</a>, is tentatively set for Fourth Circuit argument in December 2026. Losing a motion to suppress does not end the issue. At trial, the defense can still challenge whether the camera read the plate correctly and whether the alert was current.</p>



<h2 id="h-what-should-you-do-if-you-think-an-officer-tracked-you" class="wp-block-heading">What Should You Do If You Think an Officer Tracked You?</h2>



<p class="wp-block-paragraph">Act within days, write everything down, and demand that the agency preserve its audit logs. Our attorneys take these steps for clients who believe they were tracked:</p>



<ol class="wp-block-list">
<li><strong>Document the red flags.</strong> Write down dates, places, and anything an officer knew about you without a reason to know it. In the Stanton case, the claimed “ALPR hit” was the tell.</li>



<li><strong>Request your own ALPR data.</strong> Section 316.0777(4)(b) allows an agency to release plate data to the person the plate is registered to, unless it is active criminal intelligence or investigative information.</li>



<li><strong>File an internal affairs complaint in writing.</strong> Ask the agency to preserve the audit log for your plate, name, and driver’s license number.</li>



<li><strong>Ask about protective options.</strong> A stalking injunction or a referral to an outside agency, such as FDLE, may fit when the officer’s own department is slow to act.</li>
</ol>



<h3 id="h-if-you-are-an-officer-under-investigation" class="wp-block-heading">If you are an officer under investigation</h3>



<p class="wp-block-paragraph">Say nothing about your searches until you have counsel. Under Fla. Stat. 112.532(1)(i), an officer has the right to counsel during an interrogation about fitness for duty. In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court held that statements compelled under threat of job loss cannot be used in a criminal prosecution. Voluntary statements, texts, and audit logs remain fair game. See our <a href="https://www.brancatolawfirm.com/blog/tags/law-enforcement-officers/">law enforcement officer representation</a> articles.</p>



<h2 id="h-why-does-timing-matter-in-a-license-plate-reader-case" class="wp-block-heading">Why Does Timing Matter in a License Plate Reader Case?</h2>



<p class="wp-block-paragraph">Images disappear fast. In August 2026, Flock cut its recommended default retention from 30 days to 7, and Florida caps retention under the schedule set by section 316.0778. A preservation letter sent in the first week can decide a case, whether our firm represents the person tracked or the officer accused. The same is true of messages and phone records, as we explain in our guide to <a href="https://www.brancatolawfirm.com/blog/social-media-evidence-in-tampa-criminal-cases-what-you-need-to-know/">social media evidence in Tampa criminal cases</a>.</p>



<h2 id="h-frequently-asked-questions-about-flock-camera-misuse" class="wp-block-heading">Frequently Asked Questions About Flock Camera Misuse</h2>



<h3 id="h-is-it-a-crime-for-a-florida-officer-to-look-up-someone-s-license-plate-for-personal-reasons" class="wp-block-heading">Is it a crime for a Florida officer to look up someone’s license plate for personal reasons?</h3>



<p class="wp-block-paragraph">Yes. Using a police database for a reason outside the job can violate <a href="https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0815%2F0815.html">section 815.06</a>, which punishes access that exceeds authorization as a third-degree felony. A false reason code can add official misconduct under section 838.022. In our experience, the audit log is the most important evidence on either side.</p>



<h3 id="h-did-the-pinellas-deputy-use-flock-cameras-to-track-the-17-year-old-girl" class="wp-block-heading">Did the Pinellas deputy use Flock cameras to track the 17-year-old girl?</h3>



<p class="wp-block-paragraph">No, according to Sheriff Gualtieri. Stanton allegedly used FCIC, driver’s license, and agency records systems, then falsely told the girl he had received a license plate reader alert. The other deputy, Karl Gwynne, is accused of about 300 ALPR searches on a different woman.</p>



<h3 id="h-do-police-departments-audit-officers-flock-searches" class="wp-block-heading">Do police departments audit officers’ Flock searches?</h3>



<p class="wp-block-paragraph">Rarely on a routine basis, based on the public record. Florida law does not require ALPR audits, and in many documented cases a victim or reporter first exposed the misuse. Our attorneys request the full audit log in every case where license plate reader searches are at issue.</p>



<h3 id="h-can-i-find-out-whether-police-searched-my-license-plate" class="wp-block-heading">Can I find out whether police searched my license plate?</h3>



<p class="wp-block-paragraph">Possibly. Section 316.0777 permits an agency to disclose ALPR data about a plate registered to you, unless it is part of an active criminal investigation. Because retention is short, The Brancato Law Firm recommends a written request and a preservation demand as soon as you suspect misuse.</p>



<h3 id="h-are-flock-cameras-still-operating-in-tampa-and-hillsborough-county" class="wp-block-heading">Are Flock cameras still operating in Tampa and Hillsborough County?</h3>



<p class="wp-block-paragraph">Yes. The Tampa Police Department and the Hillsborough County Sheriff’s Office removed cameras from state rights-of-way by September 30, 2026, but both still operate license plate readers on city and county roads. Pasco County is the local exception, having ended its Flock contract.</p>



<h3 id="h-can-an-officer-lose-a-pension-over-a-flock-misuse-conviction" class="wp-block-heading">Can an officer lose a pension over a Flock misuse conviction?</h3>



<p class="wp-block-paragraph">Yes, if the conviction is for a “specified offense” such as official misconduct. Under section 112.3173, a conviction or no contest plea to a chapter 838 felony forfeits public retirement benefits except the officer’s contributions. Our attorneys weigh this in every plea discussion in an officer’s case.</p>



<h3 id="h-what-should-i-do-if-i-am-an-officer-accused-of-misusing-flock-or-fcic" class="wp-block-heading">What should I do if I am an officer accused of misusing Flock or FCIC?</h3>



<p class="wp-block-paragraph">Call a lawyer before you answer questions about your searches. Florida’s Law Enforcement Officers’ Bill of Rights gives you the right to counsel during an interrogation, and the criminal case often moves on a separate track from internal affairs. The Brancato Law Firm represents officers in both proceedings at (813) 727-7159.</p>



<p class="wp-block-paragraph">For more about our defense strategies, visit our <a href="https://www.brancatolawfirm.com/top-tampa-internet-crimes-attorney/">Tampa Internet Crimes Attorney</a> page.</p>



<p class="wp-block-paragraph">If an officer tracked you, or you are an officer facing a database misuse investigation, call the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. ALPR images may be deleted in as little as 7 days, so contact us before the evidence is gone.</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A.<br>620 E. Twiggs Street, Suite 205, Tampa, FL 33602<br>(813) 727-7159<br>Serving Hillsborough, Pinellas, and Pasco Counties</p>



<p class="wp-block-paragraph">The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</p>
]]></content:encoded>
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            <item>
                <title><![CDATA[What Are Flock Cameras and ALPRs in Tampa?]]></title>
                <link>https://www.brancatolawfirm.com/blog/flock-cameras-alprs-tampa/</link>
                <guid isPermaLink="true">https://www.brancatolawfirm.com/blog/flock-cameras-alprs-tampa/</guid>
                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Thu, 19 Feb 2026 21:33:49 GMT</pubDate>
                
                    <category><![CDATA[Criminal Procedure & Your Rights]]></category>
                
                
                    <category><![CDATA[Fourth Amendment]]></category>
                
                    <category><![CDATA[Immigration]]></category>
                
                    <category><![CDATA[License Plate Readers]]></category>
                
                    <category><![CDATA[Traffic Stops]]></category>
                
                
                
                    <media:thumbnail url="https://brancatolawfirm-com.justia.site/wp-content/uploads/sites/1227/2026/02/flock-cameras-alprs-tampa-surveillance-criminal-defense-featured.jpg" />
                
                <description><![CDATA[<p>KEY TAKEAWAY Flock Safety cameras and Automated License Plate Readers (ALPRs) are rapidly expanding across Tampa and the entire Tampa Bay area. These systems capture your vehicle’s license plate, make, model, color, and distinguishing features every time you drive past one. That data feeds into a searchable nationwide database. Thousands of law enforcement agencies can&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<h2 class="wp-block-heading has-background" style="border-left-color:#0B0087;border-left-style:solid;border-left-width:4px;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">KEY TAKEAWAY</h2>



<p class="has-background wp-block-paragraph" style="border-left-color:#0B0087;border-left-style:solid;border-left-width:4px;background-color:#F2F2F3;padding-top:5px;padding-right:25px;padding-bottom:5px;padding-left:25px">Flock Safety cameras and Automated License Plate Readers (ALPRs) are rapidly expanding across Tampa and the entire Tampa Bay area. These systems capture your vehicle’s license plate, make, model, color, and distinguishing features every time you drive past one. That data feeds into a searchable nationwide database. Thousands of law enforcement agencies can access it. Although the cameras don’t arrest you, the data they collect can trigger real-time alerts. Those alerts lead to traffic stops, criminal investigations, and arrests.</p>



<p class="has-background wp-block-paragraph" style="border-left-color:#0B0087;border-left-style:solid;border-left-width:4px;background-color:#F2F2F3;padding-top:5px;padding-right:25px;padding-bottom:20px;padding-left:25px">Recent reporting confirmed alarming numbers. Florida Highway Patrol conducted more than 250 immigration-related searches using Flock’s ALPR system between March and May 2025. This raises serious concerns about local surveillance technology intersecting with federal immigration enforcement in our community.</p>



<h2 class="wp-block-heading has-text-color has-background" id="h-are-you-facing-criminal-charges-or-an-investigation" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">ARE YOU FACING CRIMINAL CHARGES OR AN INVESTIGATION?</h2>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">Whether your case involves ALPR evidence, a traffic stop, or an immigration-related encounter—you need the right attorney. You need someone who understands how prosecutors use emerging surveillance technology to build cases.</p>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px"><strong>Tampa Criminal Defense Attorney <a href="/lawyers/rocky-brancato/">Rocky Brancato</a> | <a href="/">The Brancato Law Firm, P.A.</a></strong><br>(813) 727-7159<br>Free, Confidential Consultations | Serving Hillsborough, Pinellas & Pasco Counties</p>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">I’m Tampa Criminal Defense Attorney <a href="/lawyers/rocky-brancato/">Rocky Brancato</a>. For over 25 years, I’ve defended clients in Hillsborough County against criminal charges built on every type of evidence. That includes the newest surveillance technologies that most attorneys haven’t caught up with yet.</p>



<h2 class="wp-block-heading" id="h-how-do-flock-cameras-and-alprs-work-in-tampa-and-hillsborough-county">How Do Flock Cameras and ALPRs Work in Tampa and Hillsborough County?</h2>



<p class="wp-block-paragraph"><a href="https://www.flocksafety.com/" target="_blank" rel="noopener">Flock Safety</a> cameras are solar-powered, motion-activated cameras that capture detailed images of every vehicle that passes them. Specifically, each camera records your license plate number, vehicle make, model, color, and unique identifying features such as bumper stickers, roof racks, or body damage. Flock calls this its “Vehicle Fingerprint” technology. The system then uploads that data to a centralized, searchable cloud database hosted on Amazon Web Services (AWS).</p>



<p class="wp-block-paragraph">In Tampa and Hillsborough County, multiple agencies currently use this technology. The Hillsborough County Sheriff’s Office (HCSO) has deployed Flock cameras across the county, and Tampa Police Department signed its own contract with Flock Safety. In addition, private homeowner associations in communities like Temple Terrace have purchased Flock cameras and share data with local law enforcement when requested.</p>



<h3 class="wp-block-heading" id="h-how-the-technology-works">HOW THE TECHNOLOGY WORKS</h3>


<div class="wp-block-image is-style-default">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="768" height="1024" src="/static/2026/02/what-happens-flock-camera-reads-plate-tampa-infographic-768x1024.jpg" alt="Infographic by Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. showing six stages of what happens when a Flock Safety camera or ALPR reads your license plate in Tampa. Stage one, the camera captures your plate number, make, model, color, and distinguishing features. Stage two, the data uploads to a nationwide database searchable by over 5,000 law enforcement agencies. Stage three, the system automatically checks hotlists for warrants, stolen vehicles, BOLOs, and immigration alerts. Stage four, a real-time alert is sent to the nearest patrol unit. Stage five, officers initiate a traffic stop based on the alert. Stage six, the stop can result in arrest, vehicle search, or immigration enforcement encounter." class="wp-image-3733" style="aspect-ratio:0.750008048678407;width:690px;height:auto" srcset="/static/2026/02/what-happens-flock-camera-reads-plate-tampa-infographic-768x1025.jpg 768w, /static/2026/02/what-happens-flock-camera-reads-plate-tampa-infographic-225x300.jpg 225w, /static/2026/02/what-happens-flock-camera-reads-plate-tampa-infographic.jpg 1003w" sizes="auto, (max-width: 768px) 100vw, 768px" /></figure>
</div>


<p class="wp-block-paragraph">Flock and ALPR systems operate in two primary modes. <strong>Real-time alerts</strong> notify law enforcement the moment a camera detects a matching plate. These matches include active warrants, stolen vehicle reports, or BOLO alerts. The system integrates with the FBI’s National Crime Information Center (NCIC) and state hotlists. <strong>Historical searches</strong> allow investigators to query the database. They can look up any vehicle’s past locations, travel patterns, and timestamps.</p>



<p class="wp-block-paragraph">Flock’s standard data retention is 30 days, after which footage and data are automatically hard-deleted from the cloud. However, individual agencies can negotiate longer retention periods with the approval of a governing body, and some Florida agencies retain ALPR data for up to three years under FDLE guidelines.</p>



<p class="wp-block-paragraph">The Flock network now includes over 70,000 cameras used by more than 5,000 municipalities nationwide. As a result, a single search can track a vehicle’s movements across jurisdictions, cities, and even state lines.</p>



<p class="wp-block-paragraph">Because I taught criminal procedure at the police academy, I understand exactly how law enforcement uses these tools to build probable cause—and where they overstep. <a href="/">The Brancato Law Firm</a> challenges ALPR-based evidence at every stage of a criminal case.</p>



<h2 class="wp-block-heading">Can a Flock Camera or ALPR Hit Lead to a Traffic Stop and Arrest in Tampa?</h2>



<p class="wp-block-paragraph">Yes. However, there are important legal limitations that most people—and many attorneys—don’t fully understand. Here’s how the process typically works in Hillsborough County:</p>



<p class="wp-block-paragraph"><strong>First</strong>, a Flock or ALPR camera detects a license plate that matches an alert in the system—such as a stolen vehicle report, active warrant, or BOLO from another agency.</p>



<p class="wp-block-paragraph"><strong>Second</strong>, the system sends a real-time notification to local law enforcement officers in the area.</p>



<p class="wp-block-paragraph"><strong>Third</strong>, officers initiate a traffic stop based on the alert. At this stage, the officer still needs independent reasonable suspicion to justify the stop under the Fourth Amendment.</p>



<p class="wp-block-paragraph"><strong>Fourth</strong>, during the stop, officers may discover additional evidence—such as contraband, open warrants, or other indicators—that leads to an arrest.</p>



<h3 class="wp-block-heading">THE LEGAL FRAMEWORK: ALPRS AND THE FOURTH AMENDMENT</h3>



<p class="wp-block-paragraph">Under current law, capturing license plate data by ALPR is generally not a “search” under the Fourth Amendment. Courts have consistently ruled that plates on public roadways are in plain view. The government observes them from a place where anyone has a lawful right to be. This means minimal to no intrusion on driver privacy. More than 30 appellate and federal courts have upheld LPR evidence on this basis.</p>



<p class="wp-block-paragraph">However, the law is still developing around how agencies <em>use</em> that data after collection. Key questions arise when agencies query databases or share information across jurisdictions. Combining ALPR data with other surveillance tools to reconstruct a person’s movements raises additional concerns. This distinction between collection and use is critical. Skilled criminal defense attorneys find opportunities to challenge ALPR-based evidence here.</p>



<h3 class="wp-block-heading has-background" style="border-left-color:#CC0000;border-left-style:solid;border-left-width:4px;background-color:#FFF0F0;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">CRITICAL WARNING</h3>



<p class="has-background wp-block-paragraph" style="border-left-color:#CC0000;border-left-style:solid;border-left-width:4px;background-color:#FFF0F0;padding-top:5px;padding-right:25px;padding-bottom:20px;padding-left:25px">ALPR systems are not infallible. The OCR software that reads plates regularly misreads characters. For example, it may confuse an “8” with a “B” or a “K” with an “X.” A misread can generate a false hit. That false hit may trigger a traffic stop, a felony stop with guns drawn, or even an arrest—all based on faulty data. If law enforcement stopped or arrested you based on ALPR or Flock camera evidence, <a href="/">The Brancato Law Firm</a> can challenge the accuracy and reliability of that evidence.</p>



<h2 class="wp-block-heading">What Is the Connection Between Flock Cameras, 287(g) Agreements, and ICE Enforcement in Tampa?</h2>



<p class="wp-block-paragraph">This is the issue that has generated the most concern in our community. The convergence of three developments has created a surveillance-to-enforcement pipeline that directly affects Tampa Bay residents:</p>



<p class="wp-block-paragraph"><strong>First, Flock’s expanding local presence.</strong> Tampa PD and HCSO both use Flock camera systems. The Tampa City Council is also considering integrating Flock ALPR technology into RedSpeed school zone speed cameras. This would significantly expand the number of cameras feeding data into the Flock network.</p>



<p class="wp-block-paragraph"><strong>Second, the 287(g) agreement.</strong> Tampa Police Chief Bercaw signed a 287(g) agreement with ICE on February 26, 2025. Similarly, Pinellas County Sheriff Gualtieri pressured all Pinellas police chiefs to sign 287(g) agreements, and virtually all complied. Under the Task Force Model—the most common model under the current administration—these agreements allow local officers to perform federal immigration enforcement functions during routine policing activities, including traffic stops.</p>



<p class="wp-block-paragraph"><strong>Third, documented immigration-related Flock searches.</strong> Reporting by Suncoast Searchlight revealed important findings. Florida Highway Patrol conducted more than 250 immigration-related searches in the Flock ALPR system between March and May 2025. Those searches used keywords like “ICE,” “ICE administrative warrant,” and “immigration overstay.” The searches spiked during Operation Tidal Wave. This was a coordinated federal-state enforcement sweep. Nearly 40% of those arrested had no criminal record.</p>



<h3 class="wp-block-heading">WHAT THIS MEANS FOR YOU</h3>



<p class="wp-block-paragraph">Flock Safety states on its website that it does not work directly with ICE and that ICE does not have direct access to Flock cameras or data. However, the practical reality is more complicated. Local law enforcement agencies that do use Flock can share data with federal agencies through 287(g) agreements, informal cooperation, or cross-jurisdictional searches.</p>



<p class="wp-block-paragraph">In Illinois, a Secretary of State audit found that U.S. Customs and Border Protection accessed Flock ALPR data from agencies that had never explicitly authorized sharing with federal authorities. In California, the Attorney General sued the City of El Cajon for using Flock to illegally share information across state lines. That obviously will not happen in Florida.</p>



<p class="wp-block-paragraph">Even if Flock doesn’t share data directly with ICE, local agencies operating those cameras may do so. Agencies in Hillsborough, Pinellas, and Pasco Counties now have formal agreements authorizing exactly that. <a href="/">The Brancato Law Firm</a> monitors these developments closely. They directly affect how we defend our clients.</p>



<h2 class="wp-block-heading">What Fourth Amendment Defenses Can a Tampa Criminal Defense Attorney Raise Against ALPR Evidence?</h2>



<p class="wp-block-paragraph">The initial capture of a license plate in plain view is generally not a Fourth Amendment search. However, what happens after that capture often is. When police use ALPR data to track your movements over time, reconstruct travel patterns, or build a surveillance profile, they may cross into protected territory. <a href="/lawyers/rocky-brancato/">Tampa criminal defense attorney Rocky Brancato</a> examines exactly how law enforcement obtained and used ALPR data in each case we handle.</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><thead><tr><th><strong>Defense Strategy</strong></th><th><strong>How The Brancato Law Firm Approaches It</strong></th></tr></thead><tbody><tr><td><strong>ALPR misread / false hit</strong></td><td>OCR technology frequently misreads characters. We can move to obtain the raw plate image and compare it to your actual plate to expose false positives.</td></tr><tr><td><strong>Stale or outdated alert</strong></td><td>ALPR hotlists are not updated in real time. We investigate whether the alert that triggered your stop had already been resolved or expired.</td></tr><tr><td><strong>Lack of independent reasonable suspicion</strong></td><td>An ALPR hit alone may not justify a stop. We can challenge whether the officer had additional articulable facts beyond the electronic alert.</td></tr></tbody></table></figure>



<p class="wp-block-paragraph"><strong><a href="/">The Brancato Law Firm, P.A.</a> | (813) 727-7159 | 25+ Years Defending Hillsborough County</strong></p>



<h2 class="wp-block-heading">What Should You Do If Law Enforcement Stops or Arrests You Based on Flock Camera or ALPR Data in Tampa?</h2>



<p class="wp-block-paragraph">Was your vehicle stopped based on an ALPR alert? Do you believe surveillance technology played a role in your arrest or investigation? Here is what <a href="/">The Brancato Law Firm</a> recommends:</p>



<p class="wp-block-paragraph"><strong>First, exercise your right to remain silent.</strong> Do not answer questions about where you’ve been, where you’re going, or who you’ve been with. ALPR data already tells law enforcement where your car has been—anything you say can only add to the evidence against you.</p>



<p class="wp-block-paragraph"><strong>Second, do not consent to a vehicle search.</strong> An ALPR hit does not automatically give officers probable cause to search your vehicle. If they ask for consent, decline politely but firmly.</p>



<p class="wp-block-paragraph"><strong>Third, call a criminal defense attorney immediately.</strong> ALPR evidence is time-sensitive. Flock’s standard retention is only 30 days, so early intervention matters. <a href="/">The Brancato Law Firm</a> can obtain the raw ALPR data, camera maintenance records, and alert verification logs through discovery. We act quickly before the data expires or the prosecution builds its case unchallenged.</p>



<h3 class="wp-block-heading has-background" style="border-left-color:#F9A825;border-left-style:solid;border-left-width:4px;background-color:#FFF8E1;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">IMPORTANT NOTE FOR COMMUNITY MEMBERS CONCERNED ABOUT IMMIGRATION ENFORCEMENT</h3>



<p class="has-background wp-block-paragraph" style="border-left-color:#F9A825;border-left-style:solid;border-left-width:4px;background-color:#FFF8E1;padding-top:5px;padding-right:25px;padding-bottom:20px;padding-left:25px">If you or a family member had contact with law enforcement during a traffic stop where immigration status came up, speak with an attorney right away. This applies regardless of whether criminal charges resulted. The intersection of local policing, ALPR surveillance, and 287(g) agreements creates serious legal exposure. It affects both criminal defense rights and immigration proceedings. <a href="/">The Brancato Law Firm</a> defends clients facing criminal charges in Hillsborough, Pinellas, and Pasco Counties. We can coordinate with or refer you to immigration counsel when needed. Call (813) 727-7159 for a confidential consultation.</p>



<h2 class="wp-block-heading">How Is Flock Camera Surveillance Expanding in Tampa Right Now?</h2>



<p class="wp-block-paragraph">The surveillance footprint in the Tampa Bay area is growing rapidly. Understanding where this technology stands today helps you make informed decisions about your rights.</p>



<p class="wp-block-paragraph"><strong>School zone speed cameras with Flock integration.</strong> As of February 2026, Tampa City Council is considering a RedSpeed partnership. The proposal includes school zone speed cameras with Flock ALPR technology at every location. RedSpeed is the only company offering direct Flock integration. Flock ALPR comes “included in the RedSpeed price.” If approved, this would add many Flock-connected cameras throughout Tampa’s school zones. These cameras capture license plate data on every passing vehicle, not just speeders.</p>



<h3 class="wp-block-heading">Rising Enforcement and Expanding Camera Networks</h3>



<p class="wp-block-paragraph"><strong>A 1,000% increase in school zone tickets.</strong> HCSO already uses RedSpeed cameras in Hillsborough County. Between August and December 2025, the agency issued 67,611 school zone speed tickets. That represents a more than 1,000% increase over the prior school year. Expanded enforcement hours drove this surge—from arrival/dismissal times to the entire school day. Some drivers question whether the program prioritizes revenue over safety.</p>



<p class="wp-block-paragraph"><strong>HOA-installed Flock cameras.</strong> Furthermore, private homeowner associations across Hillsborough County have begun purchasing Flock cameras independently. At approximately $2,500 per camera per year with a one-time installation fee of $250–$650, the technology is accessible to mid-size communities. These HOA-owned cameras can share data with local law enforcement upon request, effectively expanding the surveillance network beyond government-owned infrastructure.</p>



<p class="wp-block-paragraph"><a href="/">The Brancato Law Firm</a> tracks these developments because they directly affect how evidence enters criminal cases in our jurisdiction. As more cameras come online, more stops, arrests, and investigations will rely on ALPR data—and more opportunities for defense challenges will follow.</p>



<h2 class="wp-block-heading">Frequently Asked Questions About Flock Cameras, ALPRs, and Your Rights in Tampa</h2>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="c5713ed5-8aa6-4c34-8bb9-f527df72f197"><strong class="schema-faq-question">What are Flock cameras and how are they different from regular traffic cameras?</strong> <p class="schema-faq-answer">Flock Safety cameras are automated license plate readers that capture your vehicle’s plate number, make, model, color, and distinguishing features using proprietary “Vehicle Fingerprint” technology. Unlike traditional red-light or speed cameras, Flock cameras feed data into a nationwide searchable database accessible by thousands of law enforcement agencies. As a result, your vehicle’s movements can be searched across jurisdictions and over time. The cameras are solar-powered and use cellular (LTE) data to transmit images to the cloud, meaning they require no wiring and can be installed almost anywhere. <a href="/">The Brancato Law Firm</a> understands how this data enters criminal cases in Hillsborough County and how to challenge it.</p> </div> <div class="schema-faq-section" id="fcf394b9-52bf-4506-a08a-5cc780dae00f"><strong class="schema-faq-question">Can Flock cameras track my speed?</strong> <p class="schema-faq-answer">No. Flock ALPR cameras do not measure or record vehicle speed. They capture still images of vehicles as they pass—typically 6 to 12 images per vehicle—but they do not function as speed detection devices. However, when Flock integrates with RedSpeed school zone cameras (as proposed for Tampa), the RedSpeed component handles speed detection while Flock handles license plate reading. These are two separate functions, but if Tampa City Council approves the proposal, they will operate together in the same camera housing at school zone locations throughout the city.</p> </div> </div>



<h3 class="wp-block-heading">Facial Recognition, Data Storage, and Costs</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="8cb6f517-694a-43cf-bc9c-e97e004b2820"><strong class="schema-faq-question">Do Flock cameras use facial recognition?</strong> <p class="schema-faq-answer">No. Flock Safety states that its ALPR cameras do not use facial recognition technology and cannot search for human characteristics such as race or gender. The cameras focus on the rear of vehicles and capture vehicle characteristics and license plates—not images of drivers or passengers. However, it is possible that a person may appear in a still image captured by a Flock camera. Flock states that it does not collect personally identifiable information (PII), although civil liberties organizations have raised concerns that linking license plate data to DMV records effectively identifies individuals.</p> </div> <div class="schema-faq-section" id="91d1ea45-2ac0-4011-b7fb-59d2be19b810"><strong class="schema-faq-question">How long do law enforcement agencies keep Flock camera data?</strong> <p class="schema-faq-answer">Flock Safety’s standard data retention is 30 days, after which all footage and metadata are automatically hard-deleted from the cloud. However, individual agencies can negotiate longer retention periods with the approval of a democratically elected governing body. In Florida, FDLE guidelines allow agencies to retain ALPR data for up to three years. Because this means evidence can disappear quickly under the 30-day default, early contact with a criminal defense attorney is critical. <a href="/">The Brancato Law Firm</a> can move to obtain and preserve this data through discovery before it expires.</p> </div> </div>



<h3 class="wp-block-heading">Camera Costs and Local Expansion</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="f34a0f37-a006-4aef-a091-272b5c93a2cb"><strong class="schema-faq-question">How much do Flock cameras cost, and who pays for them?</strong> <p class="schema-faq-answer">Flock Safety charges approximately $2,500 per camera per year as a subscription fee, plus a one-time installation cost of $250–$650 per camera. The subscription includes maintenance, software updates, footage hosting, cellular service, and customer support. For law enforcement agencies, taxpayer funds cover the cost. For HOAs and private communities, the expense typically comes from association budgets—a 150-home gated community with two entrances might spend $10,000 or more per year. Regardless of who purchases the cameras, the data can be shared with law enforcement and potentially accessed by agencies across the country through the Flock network.</p> </div> </div>



<h3 class="wp-block-heading">Traffic Stops and Fourth Amendment Rights</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="6752d00a-502f-4c29-8a04-336f8f8f57fa"><strong class="schema-faq-question">Can police stop my car based solely on a Flock camera or ALPR alert?</strong> <p class="schema-faq-answer">An ALPR alert can provide the initial basis for a traffic stop, but officers still need reasonable suspicion to justify the detention under the Fourth Amendment. Moreover, because ALPR systems produce false hits due to character misreads and outdated alerts, <a href="/">The Brancato Law Firm</a> scrutinizes whether the stop had a lawful basis in every case where ALPR data played a role. Call (813) 727-7159 if law enforcement stopped you based on camera data.</p> </div> <div class="schema-faq-section" id="165581f5-c0bc-4ee9-91e0-2a4aac6f3a59"><strong class="schema-faq-question">Is a license plate scan by an ALPR considered a “search” under the Fourth Amendment?</strong> <p class="schema-faq-answer">Under current law, generally no. Courts have consistently held that reading a license plate in plain view on a public roadway is not a Fourth Amendment search because the plate is a government-issued identifier displayed in a place where the public—and law enforcement—have every right to observe it. The intrusion is minimal to nonexistent. However, the legal landscape is still evolving around how agencies use the collected data—particularly when they run historical searches, share data across jurisdictions, or combine ALPR records with other surveillance tools to reconstruct a person’s movements over time. <a href="/">The Brancato Law Firm</a> stays at the forefront of these developments in Hillsborough County courts.</p> </div> </div>



<h3 class="wp-block-heading">Immigration, ICE, and Public Records</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="4ae32dfc-d12b-4ea0-9911-7013a697830c"><strong class="schema-faq-question">Are Flock cameras sharing data with ICE or immigration enforcement in Tampa?</strong> <p class="schema-faq-answer">Flock Safety states it does not work directly with ICE. However, local agencies that use Flock—including Tampa PD and HCSO—can share data with federal agencies through 287(g) agreements. Reporting confirmed that Florida Highway Patrol conducted over 250 immigration-related Flock searches in 2025. Because Tampa PD signed a 287(g) agreement with ICE in February 2025, the potential for data sharing with federal immigration enforcement exists in our jurisdiction. Furthermore, the University of Washington Center for Human Rights found that some agencies shared Flock data with U.S. Border Patrol without even explicitly authorizing it.</p> </div> <div class="schema-faq-section" id="92649a55-c9c5-4edf-a2cc-ba9040e1d912"><strong class="schema-faq-question">Is ALPR data a public record that I can request?</strong> <p class="schema-faq-answer">This question is generating significant legal activity nationwide. In November 2025, a Washington state trial court ruled that data captured by Flock Safety cameras qualifies as public records under that state’s Public Records Act. The court rejected the argument that footage stored on Flock’s cloud servers falls outside public records laws, finding that the data was “created and used to further a governmental purpose” and paid for by the municipalities. In Florida, ALPR data held by law enforcement may be subject to public records requests under Chapter 119, although agencies routinely assert investigative exemptions. If you need ALPR data for your defense, <a href="/">The Brancato Law Firm</a> can move to obtain it through criminal discovery or public records channels.</p> </div> </div>



<h3 class="wp-block-heading">Challenging ALPR Evidence in Court</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="e966357e-0298-4bf1-94f4-4cb7a5f7f93a"><strong class="schema-faq-question">Can ALPR evidence be challenged in court?</strong> <p class="schema-faq-answer">Yes. Defense strategies include challenging the accuracy of the plate read, arguing insufficient reasonable suspicion for the stop, and exposing stale or outdated alerts. In addition, Florida law allows defense attorneys to file Daubert/Frye motions challenging the admissibility of technical evidence—which in an appropriate case means requiring the state to establish the ALPR system’s accuracy, error rates, and the qualifications of expert witnesses before that evidence reaches the jury. Because this area of law is still developing, aggressive defense attorneys have significant room to challenge ALPR-based evidence. <a href="/">The Brancato Law Firm</a> stays current on these issues in Hillsborough County courts.</p> </div> <div class="schema-faq-section" id="efac8563-54d3-4b84-b127-51fd361570d3"><strong class="schema-faq-question">Do Flock cameras record video of drivers and passengers?</strong> <p class="schema-faq-answer">Standard Flock ALPR cameras capture still images focused on the rear of vehicles—not continuous video. However, Flock also offers separate video camera products, and some newer integrations—including the RedSpeed school zone cameras proposed for Tampa—include live video streaming capability. Florida Statute § 316.1896 specifically prohibits the use of school zone speed detection systems for “remote surveillance,” which could create legal challenges if the city approves video-capable cameras. <a href="/">The Brancato Law Firm</a> monitors these statutory developments to protect our clients’ rights.</p> </div> </div>



<h3 class="wp-block-heading">After an ALPR-Related Arrest</h3>



<div class="schema-faq wp-block-yoast-faq-block"><div class="schema-faq-section" id="d12a69ef-fc6c-4be2-93b4-4ca25e159c70"><strong class="schema-faq-question">What should I do if law enforcement arrested me after an ALPR-triggered traffic stop?</strong> <p class="schema-faq-answer">First, exercise your right to remain silent and do not consent to a vehicle search. Then, contact a criminal defense attorney immediately. Because Flock’s default data retention is only 30 days, <a href="/">The Brancato Law Firm</a> acts quickly to move for discovery of raw camera data, alert logs, system error records, and the full audit trail showing who accessed the data and why. Call (813) 727-7159.</p> </div> <div class="schema-faq-section" id="dd51f826-646d-456b-8443-ead1316cd780"><strong class="schema-faq-question">Why should I hire The Brancato Law Firm if I’m facing charges connected to ALPR evidence?</strong> <p class="schema-faq-answer">Tampa Criminal Defense Attorney <a href="/lawyers/rocky-brancato/">Rocky Brancato</a> brings over 25 years of criminal defense experience in Hillsborough County, including service as a police academy instructor teaching criminal procedure. Because he understands both how law enforcement uses surveillance technology and where the constitutional boundaries lie, he identifies defense opportunities that most attorneys miss. The firm’s AV Preeminent rating and Super Lawyers recognition confirm peer-validated excellence. Call (813) 727-7159 for a free, confidential consultation.</p> </div> <div class="schema-faq-section" id="756e0a0e-d3dc-49de-89f4-21c785bb340c"><strong class="schema-faq-question">What do Super Lawyers and AV Preeminent ratings mean?</strong> <p class="schema-faq-answer">Super Lawyers recognition is a peer-nominated designation that honors the top 5% of attorneys. Similarly, AV Preeminent represents Martindale-Hubbell’s highest rating for legal ability and professional ethics. Because no attorney can purchase either designation, they provide independent verification that <a href="/">The Brancato Law Firm</a> operates at the highest level of the profession.</p> </div> </div>



<p class="wp-block-paragraph">For more about our criminal defense strategies, visit our <a href="/tampa-criminal-defense-attorney/">Tampa Criminal Defense</a> page.</p>



<h2 class="wp-block-heading has-text-color has-background" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">YOUR RIGHTS DON’T DISAPPEAR BECAUSE A CAMERA IS WATCHING.</h2>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">Whether you’re facing criminal charges, an active investigation, or a traffic stop that escalated into something more—you deserve an attorney who understands the technology prosecutors are using against you.</p>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px"><strong>Tampa Criminal Defense Attorney <a href="/lawyers/rocky-brancato/">Rocky Brancato</a></strong><br><strong><a href="/">The Brancato Law Firm, P.A.</a></strong><br>(813) 727-7159<br>620 E Twiggs Street, Suite 205, Tampa, FL 33602</p>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px">Free, Confidential Consultations | Serving Hillsborough, Pinellas & Pasco Counties</p>



<p class="has-text-color has-background wp-block-paragraph" style="border-left-color:#07052E;border-left-style:solid;border-left-width:4px;color:#07052E;background-color:#F2F2F3;padding-top:20px;padding-right:25px;padding-bottom:5px;padding-left:25px"><em><a href="/">The Brancato Law Firm, P.A.</a> is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.</em></p>



<p class="wp-block-paragraph"><em>This blog post is for informational purposes only and does not constitute legal advice. If you need legal assistance, contact our office for a consultation.</em></p>



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