{"id":464367,"date":"2026-09-15T10:32:13","date_gmt":"2026-09-15T10:32:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/464367\/"},"modified":"2026-09-15T10:32:13","modified_gmt":"2026-09-15T10:32:13","slug":"legal-analyst-says-a-loophole-in-state-law-allowed-the-officer-to-avoid-prosecution-5","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/464367\/","title":{"rendered":"Legal analyst says a loophole in state law allowed the officer to avoid prosecution"},"content":{"rendered":"<p class=\"text | article-text\">SAN JOSE, Calif. (KGO) \u2014 A San Jose police officer was fired for inappropriately using automated license plate reader information, according to the department.<\/p>\n<p class=\"text | article-text\">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.<\/p>\n<p class=\"text | article-text\">Neither the officer nor the cousin has been criminally charged.<\/p>\n<p>Legal analyst explains the loophole<\/p>\n<p class=\"text | article-text\">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.<\/p>\n<p class=\"text | article-text\">\u201cBecause 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\u2019s where we need to play catch up,\u201d Clark said.<\/p>\n<p class=\"text | article-text\">Clark said it is illegal to access a confidential criminal database without a legitimate reason, but Flock is not covered under that law.<\/p>\n<p class=\"text | article-text\">\u201cThey\u2019re going to have to tighten this law up,\u201d Clark said.<\/p>\n<p class=\"text | article-text\">A lawsuit was filed in 2025 against the city and the police department, alleging the Flock camera use violates residents\u2019 rights.<\/p>\n<p class=\"text | article-text\">\u201cWhat you\u2019re 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,\u201d Clark said.<\/p>\n<p>Residents react<\/p>\n<p class=\"text | article-text\">There are almost 500 Flock cameras across San Jose. After the incident, some residents said they are questioning how secure the information really is.<\/p>\n<p class=\"text | article-text\">\u201cI think it makes me feel less safe. I feel like they\u2019re trying to just kind of mass monitor everyone,\u201d said Lina De Marco.<\/p>\n<p class=\"text | article-text\">Other residents said the city has gotten safer because of the cameras.<\/p>\n<p class=\"text | article-text\">\u201cWith technology like that, with a Flock camera runs 24\/7, you can\u2019t do any more illegal like you used to,\u201d said Binh Nguyen.<\/p>\n<p>Police department responds<\/p>\n<p class=\"text | article-text\">The San Jose chief of police released a statement about the incident.<\/p>\n<p class=\"text | article-text\">\u201cWhen an officer violates the public\u2019s 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,\u201d the chief said.<\/p>\n<p class=\"text | article-text\">The department said officers can no longer access the system on personal devices and were reminded of the consequences of improperly using the data.<\/p>\n<p>Copyright 2026 CNN Newsource. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":"SAN JOSE, Calif. (KGO) \u2014 A San Jose police officer was fired for inappropriately using automated license plate&hellip;\n","protected":false},"author":2,"featured_media":464368,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[29],"tags":[70388,182734,182733,88,182735,90,89,17060],"class_list":["post-464367","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-jose","tag-flock-camera","tag-flock-data","tag-officer-misusing-flock","tag-san-jose","tag-san-jose-flock-camera","tag-san-jose-headlines","tag-san-jose-news","tag-san-jose-police"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/464367","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=464367"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/464367\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/464368"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=464367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=464367"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=464367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}