Law enforcement agencies are increasingly adopting artificial intelligence tools like Flock Safety’s OS Investigate to track vehicles and individuals based on location and movement patterns rather than traditional identifiers such as license plates or names. While proponents tout enhanced investigative capabilities, critics warn these technologies risk infringing on constitutional rights and enabling unchecked surveillance.
AI-Powered Tracking Without Traditional Identifiers
Flock Safety’s OS Investigate, formerly known as Nightshift, uses AI to identify vehicles and analyze associations between drivers by monitoring how frequently they appear together across a network of cameras. The system integrates data from license plate recognition, camera metadata, arrest records, case files, and 911 dispatch logs to generate potential suspect profiles.
This approach allows police to track vehicles solely based on their movements and locations, even without a license plate number or a driver’s name, raising concerns about the scope and accuracy of such surveillance.
Concerns Over Privacy and Algorithmic Decision-Making
Jay Stanley, senior policy analyst at the ACLU’s Speech, Privacy and Technology Project, cautions that tools like OS Investigate cross a critical line by shifting from investigating suspicious individuals to algorithmically deciding who appears suspicious. This shift increases the likelihood that people could be unfairly targeted based on their driving patterns, rather than concrete evidence.
Stanley also anticipates a future where AI models are run locally within organizations such as police departments or hospitals to address privacy concerns, rather than relying on external or cloud-based systems.
Potential for Misuse and Lack of Oversight
Critics emphasize the danger in how law enforcement might act on AI-generated findings without sufficient training or scrutiny. Alex Marthews, national chair of Restore The Fourth, warns that police may outsource critical decision-making to AI systems that can produce inaccurate or “hallucinated” results, potentially leading to wrongful arrests without due process.
Marthews highlights historical examples where technology was used against groups unexpectedly, such as government monitoring of worshipers during COVID-19 restrictions, and cautions that AI surveillance tools could be deployed against any group as political and ideological landscapes evolve.
Industry and Law Enforcement Perspectives
Flock Safety CEO Garrett Langley argues that Americans must accept a balance between safety and privacy, framing it as a necessary compromise. He emphasizes that the company supports constitutional rights while advocating for enhanced public safety through technology.
Law enforcement officials have praised the platform’s ability to track suspects efficiently. For example, Major Patrick Krieg of the Dunwoody, Georgia Police Department described how Flock’s system allowed officers to be in position before suspects exited their vehicles, demonstrating the tool’s operational power.
Calls for Regulation and Warrant Requirements
Experts and policymakers stress the need for clear legal frameworks to govern AI surveillance tools. James Czerniawski, head of emerging technology policy at the Consumer Choice Center, asserts that regulation should focus on outcomes—particularly protecting Fourth Amendment rights—and that warrants are essential safeguards to justify AI-assisted searches.
Echoing this view, Knox County Mayor Glenn Jacobs expressed hope that Congress will address these issues as AI surveillance becomes more widespread.
Republican Texas Representative Keith Self has introduced legislation, the PRIVACY Act, which would require federal agencies to obtain warrants before using outputs from technologies like Flock Safety’s OS Investigate. The bill also proposes limiting data retention to 30 days unless extended by court order or used as prosecution evidence.
Self warns that AI-enhanced surveillance threatens constitutional protections by aggregating extensive personal data beyond simple license plate reading, urging Congress to impose restrictions to protect individual privacy.
Senate Investigation and Documented Abuses
Senator Josh Hawley has initiated a Senate subcommittee investigation into the use of Flock Safety cameras. The Institute for Justice has documented over 100 cases of abuse involving automated license plate readers, including instances where police misused the technology for personal reasons, such as a Georgia police chief conducting hundreds of searches to track an ex-girlfriend and her daughter.
Balancing Innovation with Constitutional Rights
While AI tools like Flock Safety’s OS Investigate offer law enforcement the ability to manage vast amounts of data and potentially solve cases more efficiently, they also raise significant questions about privacy, due process, and the potential for misuse.
Experts agree that technological innovation must be accompanied by robust legal safeguards, transparency, and accountability to ensure that the rights of individuals are not sacrificed in the pursuit of public safety.
As AI surveillance becomes more prevalent, lawmakers, civil rights advocates, and law enforcement agencies face the challenge of crafting policies that balance security needs with constitutional protections, including the critical role of warrants and oversight in preventing abuses.
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