MORGANTOWN — Del. Chris Anders (R-Berkeley, 97) responded to Sen. Mike Oliverio’s comments on Flock automated license plate reader cameras, saying local control of the data does not resolve the technology’s fundamental Fourth Amendment concerns.
Oliverio (R-Monongalia, 13) recently said the data collected by Flock cameras should remain under the custody of the local law enforcement agency using the system rather than the technology company. He also said law enforcement generally should be required to obtain a warrant before searching the information involving ordinary citizens when there is no emergency.
Oliverio said Flock technology can provide useful investigative information during emergencies, but said access to the data should be subject to legal restrictions. He also called for restrictions on sharing and selling the information and auditing requirements for access to the data.
Anders told Mountaineer Journal that he agrees with Oliverio that Flock systems raise Fourth Amendment concerns and that warrants should be required, but said local control of the information does not resolve the issue of collecting the data.
Anders said the larger concern is that Flock systems collect detailed information about people who are not suspected of committing crimes.
“I appreciate Senator Oliverio recognizing that Flock raises serious Fourth Amendment concerns and that warrants should be required. But local storage does not solve the fundamental problem. The government is still photographing, identifying, time-stamping and recording the movements of thousands of innocent citizens who are suspected of absolutely nothing.
The Fourth Amendment was designed to require government to establish probable cause before searching for evidence—not to collect information on everyone first and ask for a warrant later when it decides it wants to search the database.”
Anders said law enforcement should obtain warrants to build evidence when investigating suspects, while maintaining that the technology should be banned altogether.
“My position remains simple: Get a warrant. Technology should help law enforcement pursue suspects; it should never turn every citizen into a potential suspect. And the only way to do that is to ban Flock cameras all together.”
Anders’ comments go beyond Oliverio’s proposal, which focuses on local custody of Flock data. Anders said the fundamental concern is the collection of the information itself.
The comments come as West Virginia lawmakers consider legislation governing Flock and other automated license plate reader systems ahead of the 2027 legislative session.
