US cities are axing Flock Safety surveillance technology
cnet.com476 points by giuliomagnifico 7 hours ago
476 points by giuliomagnifico 7 hours ago
Musician-turning-tech anarchist (?) Benn Jordan is making a very interesting series of videos about Flock cameras, their poor safety, and their gray-area interfacing with local governments:
https://www.youtube.com/watch?v=UMIwNiwQewQ
https://www.youtube.com/watch?v=uB0gr7Fh6lY
https://www.youtube.com/watch?v=vU1-uiUlHTo
https://www.youtube.com/watch?v=Pp9MwZkHiMQ
I recommend them.
I think his comment about "why dogs might provide actual neighborhood safety" is a good reminder that the thing that makes communities safe is "knowing your neighbors." You don't get safety by building a castle with a moat and a million cameras. You get safety by building a community with context that can respond without having to just "react" to the 6s version of "what happened".
I'm reminded of prepper forum discussions. Where some do little more than hoard supplies, weapons and gadgets yet don't network and build communities. In an actual societal breakdown scenario these isolated individuals will become loot drops for others who actually band together.
It's not that they'll be able to call on one another - you can't guarantee who else will be around after The Bad Event (whatever it is).
It's that they don't have the basic strength of building alliances in the first place - something every kid is supposed to learn through the joys and pains of playing together. Bullies are not generally the popular ones, but neither are the loners.
To put it another way: castles can't survive siege forever. They are a delaying tactic until outside help can arrive.
"The Dauphin, whom of succors we entreated, Returns us that his powers are yet not ready To raise so great a siege. Therefore, great king, We yield our town and lives to thy soft mercy." -- Henry V, Act 3, scene 3
Many may find it unintuitive, but one of the best things you can do for the actual security of a neighborhood is to design it for pedestrian and "loitering" friendliness.
Benn's videos along with this one from a very chill middle-aged engineer/state rep made the difference in swaying our town to discontinue its Flock contract: https://www.youtube.com/watch?v=hwbE5ks7dFg
I'd also recommend Louis Rossman's videos on the topic, including how to get involved.
Those were great to watch, thanks!
Also, I can't help but feel like I'm watching a young Dr. Emmett Brown.. Great Scott!!
Benn is the best. His most recent video is about Ring cameras.
And Data center noise pollution before that. It's the only channel I subscribe to knowing full well every video is going to infuriate me.
Wow thank you for sharing this I had no idea this guy existed!
There’s more of us techno anarchists out there apparently!
[flagged]
> Fact of the matter is they’d like to personally profit off the same nonsense they complain about.
Benn Jordan's YouTube channel is a registered Nonprofit https://www.patreon.com/posts/nonprofit-has-82858569
???
It is very clearly because YouTube has a higher reach than any other platform in that space.
During the KMT military dictatorship in Taiwan, the KMT used the radio to spread its anti-democratic propaganda and disparage pro-democracy activists. Activists meanwhile spread their messages via pirate radio.
>[1] Would crime go up, down or stay the same if all surveillance cameras were removed? The answer to that is the only one that matters.
At least 40,990 [2] innocent people died in the US in 2023, without significant outcry - that is, on the road, in car accidents. People in the US clearly value the freedom of driving over the deaths of innocent people. In 2023, there were an estimated 19,800 [3] homicides in the US. But even if you assume surveillance like Flock could prevent a meaningful fraction of those homicides - and there's little evidence it does [4] - that's still asking people to give up their most sensitive freedom, the right to move without being tracked, for speculative gains. People are not willing to sacrifice their freedom to save 40,990 people from cars, why should our constant locations be monitored?
The abuse isn't speculative. Police have been caught stalking exes, tracking abortions, and innocent people [5] have been held at gunpoint due to a flock misread. The "safety" these cameras provide comes with a surveillance that's already being turned against ordinary people.
[1] https://news.ycombinator.com/item?id=47690237
[2] https://www.nhtsa.gov/press-releases/2022-traffic-deaths-202...
[3] https://bjs.ojp.gov/document/hvus23.pdf
[4] Flock can't even demonstrably reduce car break-ins. The drop in San Francisco started months before cameras were installed (https://www.sfchronicle.com/projects/sf-car-breakins/). If it can't prevent car beak-ins, how can we expect it to make a dent in homicides.
[5] https://www.businessinsider.com/flock-safety-alpr-cameras-mi...
>misreads by Flock's automated license plate readers... resulted in people who hadn't committed crimes being stopped at gunpoint, sent to jail, or mauled by a police dog, among other outcomes.
It seems like this article buried the best lede of the story on paragraph ten, which explains Flock's new business of surveillance drones launched in response to 911 calls (and also presumably triggered by other alerts configured by police and private businesses).
> Flock has recently expanded into other technologies... Most concerning are the latest Flock drones equipped with high-powered cameras. Flock's "Drone as First Responder" platform automates drone operations, including launching them in response to 911 calls or gunfire. Flock's drones, which reach speeds up to 60 mph, can follow vehicles or people and provide information to law enforcement.
This is much less concerning to me than mass surveillance. If someone calls 911 and you need to send a first responder, why not send a drone to get there faster while a person is on their way?
Because today it will be used as a first responder.
Tomorrow a police officer will suggest that these drones (that we are already using successfully) could be very useful for checking up on that "dangerous" neighborhood.
Hi, I'm in Denver. They're already doing this over on Colfax. It's a significant change vs the existing halo cameras, because they use the drones to follow people.
and?
...and now you have actual domestic surveillance bots, instead of the silent CIA Blackhawks we used to joke about.
As a concept, first responder drones are a good idea. But I wouldn't want public services having anything to do with that company.
If the drones are "providing information" to the police, it's only a matter of time before their AI hallucinates something that gets someone killed. We've already seen AI gun detection services that report things like Doritos bags as guns.
OTOH it will provide more surveillance of the police themselves. Humans are also bad at gun detection (sometimes willfully so) and this provides another check.
Watch for Flock footage to be "unavailable"/"deleted"/"corrupt" just as often as bodycam footage is.
Not as often; it creates friction and requires cooperation from others (or an officer with unusual skill and access, presumably).
It will absolutely happen in corrupt departments, or those involving an officer with those skills and access. But data that is uploaded is infinitely harder to erase than simply turning off the camera in the first place.
That's right. And also just like the missing epstein footage.
Because it's a social problem, not a technology problem.
At the same time, just because these instances of "missing" tape happen, does not mean that body cams and jailhouse CCTV are useless. We would not take those away. Likewise for the future drone footage
It's a very bleak (and awfully sus) outlook if you think providing more information to people who need to make decisions that could save or end lives is a bad thing.
It's more "sus" that you blindly trust the police, politicians, and billionaires that have a history of discrimination, violence, and oppression and attempt to slander those who don't. Not to mention blindly trusting AI systems with someone's life - the only reason one would do that is because they either stand to profit from it or don't understand how they work. Are you really willing and eager to put your life in the hands of a piece of software that can't distinguish a gun and a Doritos bag?
Remember, oppression and invasion of privacy is still bad even if it isn't currently happening to you. If you think you can't be a target, you're sorely mistaken.
Those people have proven very untrustworthy and are structurally unaccountable.
You are giving those people the benefit of the doubt. It's been proven many many times that police will use "more information" to excuse their own decision to use violence. A decision that they already made well before the incident.
At least their current cameras are fixed to a single point.
With their drones they now have cameras roaming freely everywhere.
What's the drone gonna do?
Likely: Scan everyone's home while en-route to the 911 call with an infrared camera. Or scan all of the license plates and faces of people along the way.
Possible: Perhaps crash into someone? Or worse.
> Scan everyone's home while en-route to the 911 call with an infrared camera.
That's unconstitutional. Use a regular camera and it's fine for some reason.
I'm sorry but, in what way is a swarm of surveillance drones NOT a mass surveillance system?
And then what? Hover over me as I'm dying?
Yes. If you called from your cell phone while on foot or in your car, the drone can find your exact location and hover over you until help arrives, quicker than if EMS has to search you out themselves.
How so? I ask as a paramedic of 14 years, now retired.
If EMS has to "search you out" so does the drone.
At least in my County, we actually get very good triangulation info from 911. It was very rare that Dispatch told us they only had Level 2(IIRC) location info (which might be to several hundred feet).
FAR more common was people who actually told us the -wrong- location. Car accidents that were several miles up the road from their location. Saying Blah St SE when they meant Blah Rd NE, etc.
Drones don't solve for that problem. They're going to the wrong location, too.
> If EMS has to "search you out" so does the drone.
The point is that the drone is fast enough to arrive first, and do the searching so that you don't have to. It's just one of many possible scenarios.
I totally understand the argument that this might not be the most effective use of money, but I honestly don't understand the lack of appreciation for the number of places this could be used effectively.
Ok. I live in a small, flat city with few trees. So why did my police department buy these?
Obviously I don't know the specifics of your city, but in general there are a lot of scenarios where it's valuable to get to a scene very quickly (no traffic, etc.) and obtain reconnaissance. Especially violent scenes, or it could even be a drunk driver who is still on the move, or a stolen car where the perpetrators are likely to flee on foot if stopped.
I'm sure you can come up with a lot more ideas using your imagination.
Thanks for the explanation. I will ask my local city council to spend the money elsewhere.
Yeah this doesn't bother me in any way, shape, or form. We already have manned aircraft that respond to such things, unmanned aircraft are a strictly better solution. It makes sense for police and it makes even more sense for fire. An aircraft can arrive at the site of a reported fire while firemen are still buckling their pants.
You get manned aircraft to come and check in before the police when you call 911?
Yes, often the first response to some calls is a CHP aircraft that continuously loiters in the area.
That’s actually really cool and I don’t feel like it’s invasive. It’s surveillance in a specific location for a specific purpose and in response to certain emergencies. Active shooter is probably the first thing that comes to mind, but accidents, fires, unexpected disasters, etc. could all be situations where this technology helps assess the situation and inform response.
In Southern California we have eye-wateringly expensive (and loud) police aircraft flying 24x7.
I’m not a fan of Flock but I would welcome anything that knocks out some of the ghetto birds’ budget.
They do more than that - our local PD gave a presentation on what Flock’s pitching - ALPRs, fixed pan/tilt cameras, “citizen cameras,” drones, and a whole “sensor fusion” software suite that lets you stitch in everything along with data from surrounding precincts which also have Flock (think Palantir for local cops). We were pretty shocked at the scale.
Thank you for finding this nugget, I really only read HN comments and rarely the source material. You all have been my LLM summary for a decade at least.
These companies build this tech in SF and Seattle, cities with some of the gnarliest public safety problems in the country, then turn around and sell it to smaller towns where it does more harm than good.
Most places in America don't have problems that surveillance solves. They have problems they already know about and won't act on. Cameras don't fix homelessness or addiction or underfunded services. They just make life harder for regular people.
But that's the whole appeal for bureaucrats. Buying a product looks like doing something without having to do any of the actual work.
"Cameras don't fix homelessness or addiction or underfunded services. They just make life harder for regular people."
In what way do cameras make life harder for regular people? If anything rampant crime (and progressive legal systems' unwillingness to lock up repeat offenders for a long time or at all) makes life much harder for regular people than a camera just sitting there.
Biased policing means these systems are used to target minorities, activists, and people with "controversial" beliefs: https://www.aclu.org/issues/national-security/discriminatory...
By mis-identifying them, leading to 5 months of jail time for a person who has done nothing other than be in public. https://www.nytimes.com/2026/03/30/us/north-dakota-facial-re...
A few months ago a woman was harassed over a crime she did not commit, by a police officer using her vehicle driving in a large general area as proof she committed the crime. Officer demanded she admit to a crime she did not commit.
Additionally, the surveillance apparatus enables parallel reconstruction. When law enforcement gathers evidence via illegal means, they can then use the drag net to find cause to detain/search unrelated to the original crime, in order to have cover to gather evidence they illegally gathered prior, aka a loophole for civil rights.
Surveillance tech can alter peoples behavior. I know I'm personally more stressed when I know I'm being filmed, even if I'm doing nothing wrong.
https://academic.oup.com/nc/article/2024/1/niae039/7920510?l...
Untrue at a population level, just compare anxiety disorders and self-reported anxiety between USA and China.
"Police used AI facial recognition to arrest a Tennessee woman for crimes committed in a state she says she’s never visited": https://www.cnn.com/2026/03/29/us/angela-lipps-ai-facial-rec...
The plural of anecdote is not data
You didn't ask for data... You asked: "In what way do cameras make life harder for regular people?"
That requires a specific example, which you were provided with. This reads to me as a pithy response that doesn't want to wrestle with the ways this can be misused.
By this same argument ANY police makes life hard for regular people because they sometimes fuck up, so let's just get rid of police too. What's the worst that could happen.
The general sentiment in the thread is that this is too powerful a technology in the hands of unqualified law enforcement. In the same way that I don't trust federal law enforcement in the post-Snowden era, I don't trust local law enforcement with mass surveillance tools.
Your question was:
> In what way do cameras make life harder for regular people?
I provided an example. Are you only accepting peer-reviewed studies?
Single example is worthless. Is there a pattern of this happening far more often? Overall, do fewer people get incorrectly arrested or detained as a result of this technology, or more.
1) Surveillance needs to be reviewed. Even if reviewed by AI, eventually that reviewed work needs to be reviewed by a human if we're going to maintain the fiction / friction of "human in the loop". The "hits" will include false positives, unless the system is overtuned so that it rarely kicks an event.
1a) Review will take time / resources which could be spent on human policing, harming the community.
1b) Some jurisdictions may prefer "broken windows as policy", the notion that they can construct a "reasonable suspicion", given enough garbage (some of it outright garbage, the point being there is so much of it nobody cares; don't need to do an accurate drug test until trial, right?).
2) False surveillance hits will make it through human review and result in injury to innocent humans.
3) Police forces already lack the money / manpower to investigate potential crimes.
4) Police forces already "prioritize" other matters than the mentally ill setting their houses on fire or releasing plagues of rabbits into their neighborhoods (actual things that have happened to me!).
There's zero proof anywhere that these devices do anything about crimes. How could they? A camera can't lock someone up.
feels somewhat dystopian, no? the big brother is watching everywhere you go. no way this can go tits up
I think this echoes very true in a lot of places, not just in the US. Here in the UK I'm pretty sure the police/the state more broadly know perfectly well who is doing a lot of the low level quality-of-life crime in most areas, but for structural reasons either can't or won't bother acting in many instances. Investigative work has never been easier: oftentimes there's multiple cctv angles of offences being committed, endless digital records, etc., but unless something can be done with this information in the real world, it's useless and actually takes resources away from other areas of public services.
Increasing the quality of the panopticon has all the downsides we talk about regularly on HN, and if you can't do anything useful for society with the data, it only ends up hurting people.
> They just make life harder for regular people.
"Making life harder for people [in the other tribe]" has become a core platform for a great many politicians. There's growing movement advocating that one of the major purposes of government is to grief people you don't like. Looked at through that lens, blanketing small towns with these things, with a plan to use them against "Those People," makes complete sense.
Agreed. I live in a city that's top 5% of safest cities in CA and these cameras have sprouted up everywhere. I reached out to my cities representative about it and he ignored my outreach (nice thing about instagram - that "read" indicator!). The most blatant is one that just points into the Home Depot parking lot. I don't see them at target.
It's gross but I think the cohort of America that watches Fox News all day probably loves these things because they've been brainwashed with crime reports that are disproportionate from reality.
> These companies build this tech in SF and Seattle, cities with some of the gnarliest public safety problems in the country
I live just outside Seattle. I worked for Flock.
Flock is a company based in Atlanta GA.
> But that's the whole appeal for bureaucrats.
I don't think it's the bureaucrats. You should hear the Flock CEO talk. They have made it very public that their direct intent is to influence government policy in sweeping and total fashion to enable their service to be the mass surveillance tool of the near future. They sincerely believe that people will look back on them as the saviours of mankind.
> These companies build this tech in SF and Seattle
Flock's headquarters and largest offices are in Atlanta. They also have an office in Boston.
Ring's headquarters were in Santa Monica until post-acquisition they moved to Hawthorne, CA.
Arlo's offices are in Carlsbad and San Jose. Ok, finally an office in the Bay Area (one of two main offices), but still not San Francisco.
I'm surprised Garrett Langley still has a job, he seems wildly out of touch. For instance he really believes that his Panopticon as a service is the reason crime is down in cities, conveniently ignoring crime rates prior to COVID.
"Garrett Langley" sounds like what they renamed the villain in Le Mis for an American audience.
Another POV is, they didn't invent cameras or drones, they aren't philosophers / employ any great or influential thinkers, nobody at Flock has won an election, all they really have done is sell some stuff that is easily defeated by a guy with a hammer or spray paint. I'm not sure he has another chance at a big Pay Day in his life, so in such desperate circumstances it will take something really criminal (or souring with VCs) to end this appearance in public life.
He won’t for long. The backlash is just getting started. Left or right, no one wants their whereabouts subject to constant surveillance.
His only advantage is that the cops are on his side and won’t let go of these cameras without a fight.
> no one wants their whereabouts subject to constant surveillance
But sadly lots of people want everyone else subject to it, and some are willing to submit to it themselves to get it. It's not a foregone conclusion.
I was recently at a "town hall" meeting in my community and spoke with a older woman about Flock cameras. Initially she was not concerned about it and was generally in favor of the idea.
I agreed that there could be benefits but that the downside is that they know when and where you go to church, or the grocery, or where you get your hair done, or even when you go on vacation. Her eyes lit up and I she replied that she would have to think about that a bit.
I'm not saying that I changed her mind, but that bringing the consequences down to something she could understand was much better than yelling from the rooftops. Mentioning church is especially impactful with a lot of older folks.
In talking with many of the older people in my community about Flock, they initially defer to what our police department says it needs. A few things made them reconsider: - This is not about our police. This is about all the outside organizations that can watch us. - Focusing on Flock specifically. Once the cameras are given a name, people can start to form a better opinion fueled by the readily available bad press Flock is producing. - With the focus on Flock, the YouTube videos elsewhere in this topic do a great job of explaining how crappy their security is and how they're lying to their customers about it. Which brings it back to, this isn't about our local police — it's about the company that's an unworthy partner.
Good job talking to your community. The first step is that people are aware of the cameras - for my neighbors, most did not know about them, and immediately found it creepy.
I'm very in favor of speed & redlight cameras and don't have a particular problem with license plate trackers. I think we partisan-ize far too many things nowadays, unfortunately.
Both of these camera systems also usually come with a kangaroo civil court of sorts. Last time I looked at red light camera distribution in Texas it was also fairly obvious that they were only installing them in poorer areas.
These systems were largely disliked bipartisanly because of those factors.
Aren’t red light cameras unenforceable in Texas?
They are potentially now, but when I lived there (~a decade ago) they were not and this was the battle we were fighting as neighborhoods and communities. At the height of it they couldn't take your drivers license but the company could file an injunction preventing you from renewing your drivers license over civil penalties.
They install them where the data show that people are running red lights.
Where the data shows people are getting caught running red lights.
Which isn't necessarily where the most incidents are.
Any dataset involving police actions will show high concentrations in poor areas because that's where police patrol the most and where they're most likely to crack down on behaviors that might be allowed to slide elsewhere (in part due to the racial demographics of those areas).
Usually allocation decisions are related to actual car/pedestrian fatality/injury counts + trial placements and measurements. Either way, wouldn't you be in favor of measures that remove police from overpoliced poor neighborhoods in favor of a technology focusing on traffic safety enforcement?
The police aren't removed, they're still there, just with more technology, more information, and more power now.
The value of red light cameras is debatable. I've copied the conclusion from a DoT study below (1):
This statistically defendable study found crash effects that were consistent in direction with those found in many previous studies, although the positive effects were somewhat lower that those reported in many sources. The conflicting direction effects for rear end and right-angle crashes justified the conduct of the economic effects analysis to assess the extent to which the increase in rear end crashes negates the benefits for right-angle crashes. This analysis, which was based on an aggregation of rear end and right-angle crash costs for various severity levels, showed that RLC systems do indeed provide a modest aggregate crash-cost benefit.
The opposing effects for the two crash types also implied that RLC systems would be most beneficial at intersections where there are relatively few rear end crashes and many right-angle ones. This was verified in a disaggregate analysis of the economic effect to try to isolate the factors that would favor (or discourage) the installation of RLC systems. That analysis revealed that RLC systems should be considered for intersections with a high ratio of right-angle crashes to rear end crashes, higher proportion of entering AADT on the major road, shorter cycle lengths and intergreen periods, one or more left turn protected phases, and higher entering AADTs. It also revealed the presence of warning signs at both RLC intersections and city limits and the application of high publicity levels will enhance the benefits of RLC systems.
The indications of a spillover effect point to a need for a more definitive study of this issue. That more confidence could not be placed in this aspect of the analysis reflects that this is an observational retrospective study in which RLC installations took place over many years and where other programs and treatments may have affected crash frequencies at the spillover study sites. A prospective study with an explicit purpose of addressing this issue seems to be required.
tl;dr - it's complicated. There are places RLCs make sense and places they don't. Expecting local government to know the difference... good luck with that.
1 - https://www.fhwa.dot.gov/publications/research/safety/05049/
People like you expressing sentiments like that are exactly how we got here. You want them to go hard on some particular issue. Save the children, get rid of the drugs, arrest the terrorists, save the planet, there's always some justification that's hard to argue against in abstract but think a few steps ahead "what would happen if everyone did it". At the limit tolerating this sort of thing for even a fraction of people's pet issues adds up to dystopian 1984 crap.
And the real root problem isn't you or what you believe. The problem is that you don't feel responsible for the side effects that would happen if you got your way any more than a lone piece of litter feels responsible for ruining the park. Nor does society hold you responsible, "it's nobody's fault". So you and everyone else are free to peddle bad solutions to small problems without consequence.
Edit: Perhaps this is just part of a longer arc of societal progress. We used to categorize bad people worthy of being ignored based on group membership they mostly couldn't control, religions, races, stuff like that. As society got better at measurement we realized this was wrong and somewhat stopped doing it. Now we struggle holding groups accountable. All sorts of evil can be done without consequence as long as the responsibility is diluted enough. Maybe something in the future will solve this.
Maybe you're also in favor of some light reading https://constitution.congress.gov/constitution/amendment-4/
you think speed cameras violate the 4th amendment?
No but license plate requirements pretty clearly violate the 4th and/or 1st amendment, IMO. And without being required to have your license plate searched (registration 'papers' forced to be displayed) at all times without even an officer presenting RAS or PC of a crime, these cameras become a lot less useful.
I don't see how removing the cameras is compatible with the first amendment, but if you have the right of "speech" to record me in public chasing every place I go in a manner that is the envy of any stalker, I ought to have the right of "speech" not to "say anything" (compelled speech of showing my plate).
It really doesn't seem like the courts agree that you have a right to travel via car without a visible plate.
Courts are currently wrestling with this.
https://www.oyez.org/cases/2017/16-402
> The government's warrantless acquisition of Carpenter's cell-site records violated his Fourth Amendment right against unreasonable searches and seizures. Chief Justice John Roberts authored the opinion for the 5-4 majority. The majority first acknowledged that the Fourth Amendment protects not only property interests, but also reasonable expectations of privacy. Expectations of privacy in this age of digital data do not fit neatly into existing precedents, but tracking person's movements and location through extensive cell-site records is far more intrusive than the precedents might have anticipated.
Or in United States v. Jones (cited in https://www.ca4.uscourts.gov/opinions/201495A.P.pdf):
> Although the case was ultimately decided on trespass principles, five Justices agreed that “longer term GPS monitoring . . . impinges on expectations of privacy.” See id. at 430 (Alito, J., concurring); id. at 415 (Sotomayor, J., concurring). Based on “[t]raditional surveillance” capacity “[i]n the precomputer age,” the Justices reasoned that “society’s expectation” was that police would not “secretly monitor and catalogue every single movement of an individual’s car for a very long period.”
It seems clear these cameras can hit some kind of threshold where they're common enough and interlinked enough to amount to unconstitutional surveilance. We don't know exactly where that threshold is yet.
The courts made polygraphs submittable legal evidence used to convict people, and still use them on people under supervision (because lesser standards apply).
Precedent is often crap and wrong until someone can find a good case paired with good lawyers to rectify.
Edit: Throttled so editing to reply
Precedent is randomly set by whoever gets there first often with a random case and a defendant with zero funds desperate to minimize their situation (for example without the funds to challenge the legality of polygraph/flock versus polygraph/flocks paid 'experts'). Although now political people are trying to game the system and shop very thought out cases to specific friendly courts to help put their finger on establishing precedent. After building enough such cases in lower courts, moneyed interests then shop it to the next level. Then with enough at the next level, to the Supremes.
It's a pretty awful, unintentional by design and fairly random 'legal system' with a huge bias towards those with more money and or the huge disparity in power of the Federal government, it's prosecutors, trial tax and the ridiculousness of 'if you exercise your constitutional rights you risk an additional 20-50 years in prison' versus someone broke, whose life has already been ruined by time in jail (and their fight beaten out of them), just wanting to go home as soon as possible.
And when those disempowered have the courage to risk the trial tax and do happen to stumble upon a win you get the strategic use of either pleas bargains or dropping the case by prosecutors to prevent precedent, or the abuse by judges of 'as applied' rulings in order to again prevent precedent from being set even when the case was won.
One side has all the power. One side has huge threats (in the form of trial tax). One side literally holds in you prison and has 100% control over every aspect of your life as you try to fight them and uses things like diesel therapy or the many other ways the have to apply to break you down for 'being difficult'. One side has the power to just drop cases it if risks precedent they don't like. And one side has the power to label a case 'as applied' to prevent precedent they don't like. It's a pretty crap system if you want fair unmanipulated precedents to come out of it. It's a great system if you want money/federal prosecutors/judges to be able to put their finger on the scale and set the outcome.
I agree with you generally but taken to the extreme this argument very easily goes to "precedents I agree with should be venerated because they're precedents and precedents I disagree with are wrong" silliness.
"Precedent is often crap" isn't really the basis for any cohesive judicial philosophy or legal thought process.
I'm not aware of any precedent anywhere that approaches "ALPRs violate 4A" territory, it's when other stuff happens that's beyond simply "$lp_id was seen by $camera on $datetime" that I've seen courts start to talk about reasonableness and privacy.
The courts have been wrong about many things, sometimes for centuries before they've fixed it. Some things they think they've interpreted correctly now that they'll turn around and interpret some other way later.
Trying to interpret viewing and recording the plate as speech but not displaying it as speech is trying to have your cake and eat it too. If the camera can stalk my car everywhere and record it under auspices of 'speech', it's only logical I can hide it as 'speech.'
Driving a motor vehicle on public roads is a privilege that many of the morons I share the road with seem to take for granted. If they are allowed to drive then I want their plate identifiable on video from my dash cam.
Automated mass surveillance of license plates should also be illegal.