Flagler Sheriff Critiques DeFlock Movement, Agrees to Suspend Usage

Flagler Sheriff Rick Staly released a statement on Wednesday which criticized recent calls to end automatic license plate readers, but also announced that the Flagler County Sheriff’s Office would suspend the usage of Flock cameras effective immediately. He staunchly defended cameras which read the license plates of all passing cars, while also calling for strong protections to ensure their ethical usage. Two actions were announced by Staly in his letter. First, he said the FCSO will comply with a Florida Department of Transportation (FDOT) letter revoking permits to use automated license plate readers (ALPRs) on state roads. Second, he announced the FCSO will suspend its usage of Flock cameras effective immediately. One open end remains in that second commitment. Flock Safety is a brand which manufactures ALPRs. Though they’ve been the face of a growing public sentiment against the technology, not all ALPRs are made by Flock. Staly’s promise leaves a possibility that the FCSO would continue to use ALPRs not made by Flock. A request for clarification to a spokesperson has not received a response as of late Wednesday afternoon. Staly’s letter opens with a bold claim: the ‘DeFlock’ movement against ALPRs is comparable to the ‘Defund the Police’ movement of 2020. The former, made up of 46% of Americans according to one poll, is driven by opposition to surveillance and data collection by law enforcement against those not suspected of a crime. The latter was a call to overhaul the entire infrastructure of law enforcement in America as a response to police brutality. The similarity, Staly contests, is that both mass public sentiments were “caused by a few bad actors within law enforcement”. Though opposition to Flock cameras appears largely fueled by privacy rights, at least one ‘bad actor’ officer has been accused of using Flock data to stalk an ex-girlfriend. Staly also makes an effort in his letter to stress that, in his opinion, the FCSO has not abused ALPRs. “It is the policy of the Flagler County Sheriff’s Office to utilize ALPR technology in a safe, professional, responsible, lawful and constitutional manner,” he says. “We have auditing and other tools of oversight in place to ensure that any use of the system is in accordance with agency standards, constitutional expectations, and the technology can only be used for criminal investigations. Misuse of this technology, including any activity that violates our Standards of Conduct, which includes personal use, is grounds for termination.” He also advocates for the usefulness of ALPRs as a public safety tool. Staly claims that the cameras have been used to recover 63 missing persons, arrest 199 fugitives, and locate hundreds of stolen vehicles. The FCSO has used ALPRs since 2019. According to data from the website DeFlock, there are at least 30 Flock cameras currently stationed in Flagler County. According to Staly, these should now be defunct. “This decision does not come lightly, nor does it negate the fact this technology has been instrumental in our ability to respond quickly to critical incidents, improve public safety, solve crimes, make arrests, and save lives and prevent residents from being victims of crimes,” Staly continued. “While it is clear to me that ALPR technology provides significant benefits to public safety, it must be used responsibly to protect its integrity and maintain public trust. It is also well settled case law that there is no expectation of privacy on public roads.” Rick Staly’s Full Statement on Automatic License Plate Readers A few years ago, we had the “defund the police” movement and today we have the “de-tool the police” movement. Both movements were caused by a few bad actors within law enforcement. The Flagler County Sheriff’s Office recognizes the concerns members of the community have raised surrounding the use of Flock cameras and ALPR technology, including when and how the information is accessed and disseminated, as well as the potential issues that could arise without strict accountability. We are also aware of the egregious violations within other law enforcement agencies that have resulted in the appropriate firing, discipline or arrest of the individuals involved in the misuse of this technology. I agree with and applaud the law enforcement leaders who took swift disciplinary actions to deal with misconduct or criminal behavior. It is the policy of the Flagler County Sheriff’s Office to utilize ALPR technology in a safe, professional, responsible, lawful and constitutional manner. We have auditing and other tools of oversight in place to ensure that any use of the system is in accordance with agency standards, constitutional expectations, and the technology can only be used for criminal investigations. Misuse of this technology, including any activity that violates our Standards of Conduct, which includes personal use, is grounds for termination. Our training, policies, supervision, and audits adhere to applicable laws and best practices in the use of this technology to ensure public safety and protect constitutional rights and privacy for everyone. Like any other tool or technology, its benefits depend on how it is utilized. Agencies must put safeguards and audits in place to deter abuse and hold employees accountable. If implemented correctly, and with rigorous oversight, communities should not experience the problems other agencies and communities have faced, or the concerns voiced by members of the community. This abhorrent behavior will never be tolerated in Flagler County. The Flagler County Sheriff’s Office has received a letter from the Florida Department of Transportation revoking permits and licenses issued to law enforcement agencies across Florida for use of this technology on state roads. In response to this letter, the Flagler County Sheriff’s Office will comply within the time frame. We have also suspended the use of Flock cameras effective immediately. This decision does not come lightly, nor does it negate the fact this technology has been instrumental in our ability to respond quickly to critical incidents, improve public safety, solve crimes, make arrests, and save lives and prevent residents from being victims of crimes. Since the FCSO’s adoption of Automated License Plate Readers in 2019, this valuable technology has served as a force multiplier and increased our efficiency and effectiveness. It has played an important role in reducing crime by over 50 percent, solving violent crimes and property crimes, recovering 63 missing persons, arresting 199 fugitives, and locating 267 stolen vehicles and 153 stolen tags. These arrests of criminals likely would not have been possible without this technology and, in many cases, prevented crimes against our residents and visitors by arresting these criminals before they could prey on our community. Today, our residents enjoy a historically low crime rate with crime falling every year since 2017, despite being the 6th fastest growing county in Florida. While it is clear to me that ALPR technology provides significant benefits to public safety, it must be used responsibly to protect its integrity and maintain public trust. It is also well settled case law that there is no expectation of privacy on public roads. The FCSO is working with our law enforcement partners and local and state leaders to address the community’s concerns regarding the technology’s use and to ensure proper guardrails are in place statewide. Otherwise, “de-tooling the police” is like throwing out the baby with the bath water.