Wisconsin surveillance debate moves to federal court

Legal and policy debates regarding the use of Flock automated license plate reader cameras are intensifying in Wisconsin. A lawsuit filed by the group ‘No Cams Muskego’ against several Waukesha County municipalities has moved to federal court. The Wisconsin Institute for Law & Liberty argues the technology constitutes intrusive surveillance and that accessing the collected data should require a search warrant. In response, attorneys for the local governments contend that recording license plates on public roadways does not violate Fourth Amendment privacy expectations.

The litigation follows reports of data misuse, including an incident where a Milwaukee Police Department officer was accused of repeatedly searching for a dating partner’s license plate. In response to such concerns, Milwaukee Mayor Cavalier Johnson recently introduced a revised policy limiting Flock camera access to supervisors and restricting use to specific serious crimes, such as homicides, robberies, and missing persons cases.

Defense attorneys have requested a stay in the federal case, citing a pending decision in a similar Illinois case within the Seventh Circuit Court of Appeals, which could set a precedent for the technology’s use in Wisconsin.