LUBBOCK, Texas (KCBD) – Cameras at intersections across Lubbock are capturing images of license plates and storing them in a police database, a practice law enforcement says helps solve crimes, but critics call invasive surveillance.
For the past year, 27 cameras have monitored Lubbock streets, snapping still pictures of license plates as vehicles pass by. The images are stored in the Flock database, which Lubbock Police Department accesses for investigations.
“Flock cameras are not surveillance. They are an investigative tool. We use them, I would say on a daily basis, to help solve cases,” said Lt. Brady Cross.
Cross said the cameras help both identify suspects and clear innocent people from investigations.
“They’re a great, great tool and sometimes to find an offender as much to vindicate someone. To say it wasn’t this person we thought it was — it goes both ways. But on a daily basis there are folks on patrol and in investigations that use these for leads in investigations,” Cross said.
Images not related to active investigations are purged every 30 days, according to police. If an officer finds a lead and identifies a car believed to be involved in a case, that image is saved longer for the retention period of that offense.
“Now if an officer finds a lead and finds a car believed to be involved in a case, we’ll save that and it will hang around longer for the retention period of that offense but by and large a car passing through an intersection if it’s not related to anything we’re looking into is purged every 30 days,” Cross said.
The Texas Legislature banned red light cameras in 2019, after concerns they violated due process. Police said Flock cameras differ in how they are used.
“It’s not for law enforcement in the sense that we’re going to write a ticket or that we’re going to punish a traffic violation for running a red light or speeding. It is to assist in identifying vehicles, suspect vehicles, in cases like robbery, auto theft and even homicides,” Cross said.
State Sen. Charles Perry, who represents Lubbock, said modern technology is integral to public safety.
He recently spoke with Flock representatives to learn how the company and its cameras work.
“My first impression was ‘wait a minute, what is this? This is a red light camera, no due process’,” Senator Perry said. “It’s used as a tool to bring due process to fruition, it’s the front end, it gets you there and then due process starts. And due process determines your guilt or innocence, hopefully correctly.”
Defense attorney Michael King disagreed with the characterization of the cameras as an investigative tool.
“This isn’t police work. This is a 24-hour surveillance system, a dragnet that has been placed over the city of Lubbock. Everybody – not suspects, not criminals – every person who comes in or leaves Lubbock County is having their picture taken,” King said. “So, it’s not about the criminal prosecution, it’s about the invasion, the ‘Big Brother’ that has come down over the city of Lubbock, which we expect to see a challenge to in court.”
In a recent interview with Gray’s investigative team, national investigative reporter Brendan Keefe asked Josh Thomas, Flock Safety’s chief communications officer, about an instance where a woman in Colorado was wrongly charged based on Flock photos of her truck near a crime scene.
“Without a Flock camera, that detective would not have been at her door, by his own admission. He pulled out the Flock picture of her car. Do you want to apologize to Chrisanna Elser for what happened to her?” Keefe asked.
“For the police misusing the tools? I don’t think that I have to apologize for him,” Thomas said.
“He wasn’t charged with a crime. I mean, other than being reprimanded for his attitude,” Keefe said.
“Sure. But I would tell you that, like, should I apologize for somebody misusing a tool. I don’t think so,” Thomas said.
Flock says it is not responsible for “policing the police work” or ensuring the data is used as the investigative tool it is claimed to be.
Instead, police departments conduct audits. Lubbock Police say that happens annually.
“Law enforcement has said they’re auditing themselves but that’s like the fox guarding the henhouse,” King said. “They have absolute control. There have been some audits that have been done and they found that law enforcement has abused this information they’ve obtained and I think seeing this abuse is what is starting to cause the rise of concern in some of the citizens.”
Perry said the state is keeping watch to ensure Texans’ rights are protected.
“We’re gonna defend the constitution, right. We take an oath and we have to defend the constitution. In the constitution we’re given those protections and those protections can’t be violated because a company didn’t follow the rules or an enforcement division in Lubbock didn’t follow the rules so if something is not going to work within those we’re not going to change the liberty standard, we’re going to change the operator,” Perry said.
The city of Lubbock is paying $86,000 for a two-year Flock subscription. Flock maintains the city owns the data, so the city is responsible for ensuring the cameras are used appropriately.
“The city owns the data. So, city council would have the appropriate responsibility in that case. Our point of view has always been that it is not Flock’s job to police the way police do their work,” Thomas said.
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