CENTRAL FLORIDA — Florida is suspending the use of Flock cameras, a technology that has become an important investigative tool for law enforcement statewide. The cameras can capture when and where a vehicle passes a camera, including its license plate, giving investigators information they can use to identify vehicles connected to crimes and trace a suspect’s movements.
But with the technology now on hold, questions are emerging about what will happen to the Flock data already collected — and whether defense attorneys will have more opportunities to challenge that evidence in court.
Sheriff’s offices across Florida are deactivating Flock cameras following the governor’s suspension of their use on state highways.
In Volusia County, Sheriff Mike Chitwood says the decision was made reluctantly. “It’s another tool taken out of the toolbox,” Chitwood said.
Chitwood points to the results he says the cameras have produced. In DeBary, he said the solve rate for car break-ins increased from 38% to 83% after Flock cameras were installed.
Chitwood also pointed to a recent shooting investigation in Orange City. He said investigators were able to use Flock data to identify a vehicle and a suspect within minutes.
“The witness says it was a BMW. Here’s where it went. Within three minutes they had the tag number of the car, they had a suspect identified,” Chitwood said.
Flock cameras have also played a role in major investigations elsewhere in Central Florida.
In Brevard County, investigators used Flock data as part of the investigation into the killing of Indian Harbour Beach mother Nancy Howery. Investigators say Daniel Sterns shot Howery and later hid her remains in an undeveloped area of Palm Bay known as the Compound.
But criminal defense attorney Patrick McGeehan says Flock cameras can also create problems when investigators focus too heavily on information produced by the technology.
McGeehan represented Lindsay Isaacs, who was wrongly arrested and accused of causing a crash on I-4 that killed three people.
“They went immediately to Flock, found the black Dodge Durango and focused solely on that with the exclusion of everything else,” McGeehan said. McGeehan believes the suspension could make it more difficult for law enforcement to use Flock data in future investigations, while also giving defense attorneys additional opportunities to challenge evidence that was previously collected.
“I suspect that prosecutors and law enforcement will preserve data that’s connected to criminal cases,” McGeehan said. “But looks like going forward they will not have additional data from Flock and LPR to aid them in investigations.”
The suspension does not necessarily mean Flock evidence that has already been collected will disappear. For criminal cases already moving through the courts, prosecutors and law enforcement may still be able to preserve and access data connected to those cases.
Whether that evidence can ultimately be used in court could depend on the circumstances of each case and how the information was obtained and used. McGeehan said defense attorneys could take a closer look at the collection and use of Flock data and challenge whether it should be admitted as evidence.
The Orange-Osceola State Attorney’s Office said it is waiting for guidance on how the new executive order will affect Flock cameras.
“We will see what the guidance is regarding the new executive order regarding Flock cameras and will deal with it from there,” State Attorney Monique Worrell said.
Chitwood acknowledges that the technology could be problematic if used improperly, but argues that the benefits to crime investigations outweigh those concerns.
“For the 99 percent of us that do the right thing, we’re throwing the baby out with the bath water,” Chitwood said.
In Daytona Beach, the cameras may still be visible, but the police department and Volusia County Sheriff’s Office say they are no longer collecting data through them. The bigger question now is what happens to the information already collected — and whether it can continue to be used in current or future criminal cases.
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