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Legal analyst says a loophole in state law allowed the officer to avoid prosecution
SSan Jose

Legal analyst says a loophole in state law allowed the officer to avoid prosecution

  • September 15, 2026

SAN JOSE, Calif. (KGO) — A San Jose police officer was fired for inappropriately using automated license plate reader information, according to the department.

The officer used his personal phone to get into the Flock camera system. He then shared the location of a vehicle with his cousin, who was a suspect in a domestic violence situation, according to media partner Bay Area News Group. The cousin used the information to track down the victim.

Neither the officer nor the cousin has been criminally charged.

Legal analyst explains the loophole

Steven Clark, a legal analyst and former prosecutor, said the officer did not commit a crime because he was technically authorized to access the database, even though he misused it.

“Because the officer technically had authorization to go into the database, even though he misused it, he did not commit a crime. But I think that’s where we need to play catch up,” Clark said.

Clark said it is illegal to access a confidential criminal database without a legitimate reason, but Flock is not covered under that law.

“They’re going to have to tighten this law up,” Clark said.

A lawsuit was filed in 2025 against the city and the police department, alleging the Flock camera use violates residents’ rights.

“What you’re going to see is privacy rights groups take this incident and use it as exhibit A, and why we have to be very careful with these Flock cameras,” Clark said.

Residents react

There are almost 500 Flock cameras across San Jose. After the incident, some residents said they are questioning how secure the information really is.

“I think it makes me feel less safe. I feel like they’re trying to just kind of mass monitor everyone,” said Lina De Marco.

Other residents said the city has gotten safer because of the cameras.

“With technology like that, with a Flock camera runs 24/7, you can’t do any more illegal like you used to,” said Binh Nguyen.

Police department responds

The San Jose chief of police released a statement about the incident.

“When an officer violates the public’s trust this severely, my responsibility is clear. That person cannot remain in a position of police authority, and they cannot wear the San Jose badge. This technology is new; the standard is not,” the chief said.

The department said officers can no longer access the system on personal devices and were reminded of the consequences of improperly using the data.

Copyright 2026 CNN Newsource. All rights reserved.

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