MORGANTOWN, W.Va. — The proliferation of Flock automatic license plate reading systems across the state has members of the Freedom Caucus prepared to reintroduce the Fourth Amendment Restoration Act.
State Senator Chris Rose, R-Monongalia, said the effort to protect privacy and the Fourth Amendment began when Fairmont deployed the cameras recently. The measure has been introduced in the legislature for the last two years but has failed to win the approval of both chambers.
“While this is new to Monongalia County, this is not new to the state,” Rose said. “Fairmont had these cameras put in in 2024 and 2025 and that’s what started the conversation about the Fourth Amendment Restoration Act.”
The measure would prohibit warrantless, real-time surveillance technologies, including all automated license plate readers, facial recognition systems, drone surveillance, and other technologies capable of mass tracking.
“While we’re very pro-law enforcement and very much pro-law and order, and we want them to have the proper tools they need to keep communities safe, at the same time we also want to make sure the Fourth Amendment is protected and respected and not violated,” Rose said.
Agencies enter into a contract with Flock Safety and pick from the list of functions and features. Monongalia County employs the static license plate reader, only capable of identifying vehicle make and model and the license plate. Rose believes departments should have some restrictions on the types of systems they can deploy.
“Any of these departments could upgrade their package to facial recognition or gun detection and actually be able to track somebody,” Rose said. “I think the capability of one of the systems would allow them to track Chris Rose for 72-hours straight.”
The AI-powered Flock camera system is the source of vigorous community debate nationwide and many criticisms about a lack of accuracy, misuse of personal information among members of the law enforcement community, and alleged invasion of privacy. Flock Safety reports the devices are in more than 12,000 municipalities.
“I understand these tools are very helpful to solve crimes, but they must operate within their clear constitutional limits and have some meaningful oversight, and those are the conversations we’re having,” Rose said.
West Virginia Freedom Caucus members plan a public education campaign about the systems while working with fellow lawmakers to pass the Fourth Amendment Restoration Act.
“If I have a deer rifle in the back of my truck, for example, I don’t believe there should be an AI system scanning that and broadcasting it to the world,” Rose said. “Here’s Chris Rose with a deer rifle, and he works out at Planet Fitness four days a week.”