(CNN) — A Kentucky police officer was arrested after authorities said he used the Flock Safety license plate reader camera system to track his ex-girlfriend over 2,000 times, marking the latest in a string of recent law enforcement officer resignations or arrests for alleged abuses of the controversial technology.
Shively Police Department Officer Asad Zahir’s alleged activity was flagged by the new AI-powered auditing tool implemented by Flock Safety after growing concerns around security and misuse by police, authorities said, in many cases involving officers accused of using the system to stalk exes or romantic interests.
The audit assistance tool, now a requirement by Flock Safety, flags abnormal use by officers.
The Flock Safety system has been lauded by law enforcement for its investigative capacity, while critics point to the growing list of officers charged with abusing the license plate reader as an example of its overreach and civil liberty violations. Some cities have canceled their Flock contracts – including Tempe, Arizona, on Wednesday – and some critics have gone so far as to vandalize the cameras.
“The Flock camera works. When it’s used properly it works. There are tons of stats that show it works,” Shively Police Chief Andre Bottoms said Wednesday at a news conference announcing the arrest and promising a review of Flock protocols. “It’s a very effective tool and we don’t want to be judged on the poor decisions made by one officer.”
Investigators found Zahir had conducted 2,048 Flock searches from January into May to track two vehicles registered to the victim, his child’s mother, in Kentucky and Indiana, court records show.
During the period he conducted those searches, Zahir harassed the victim and made threatening comments, prompting her to file an order of protection against him, according to the court records.
Investigators determined 241 Flock searches happened while that order of protection was in place, from April 17 to May 6, Bottoms said.
Zahir, an officer since 2022 who was assigned to the patrol division, listed the reason for the investigation as a drug or narcotics investigation, even though the woman who was targeted was not the subject of any such investigation and has no history indicating any such violations, officials said at the news conference.
The AI tool flagged the activity on Monday and by Tuesday, Zahir was in custody, charged with five counts of official misconduct in the fifth degree and five counts of unlawful access to a computer in the fourth degree, court records show.
Zahir is currently suspended without pay, pending the outcome of the criminal investigation and internal review, Bottoms said. He was released on his own recognizance Tuesday and is expected to be in court for his arraignment on Friday, online court records show. It’s not yet known who will be his legal representation.
“Charging this officer was not pleasant. It was a gut punch for me personally,” Bottoms said, adding that he had come to personally know each member of the small police department. “Accountability cannot depend on who you are and what position you hold or what badge you’re wearing.”
Meanwhile, a full review of the procedures and directives in the use and oversight of Flock technology is underway, Bottoms said. The review will examine users’ access, search requirements, supervisory oversight, auditing practices and the frequency of compliant reviews, Bottoms said. This will determine whether revisions or other safeguards should be implemented, the chief said.
Critics question privacy overreach
Flock’s nationwide network of automated license plate readers (ALPR) cameras — mounted along public roads — takes images of passing vehicles’ plates, color and other characteristics to feed into a database. Police departments contract with the company to search the database, billed as a tool to help solve crimes.
The ALPR system has come under scrutiny in recent months with critics questioning the privacy overreach. The Institute for Justice, a nonprofit public interest law firm that has filed lawsuits against Flock on Fourth Amendment grounds, has tracked at least 47 instances of officers being disciplined in some way for alleged abuse of the Flock system for stalking romantic interests.
That number is believed to be much higher, according to a reporter for the institute who runs its database.
“There are many reasons to think this is only the tip of the iceberg,” Christopher Ingraham told CNN. “A lot of incidents just haven’t been reported or haven’t been detected yet.”
The Flock system has been used to recover hundreds of stolen vehicles, identify a missing child and even help in homicide investigations, Bottoms said, defending its responsible use.
“This is what accountability looks like,” Bottoms said, referring to the department’s response to the officer’s alleged illegal activity. “These actions send a clear message to every member of the department. If you misuse your authority, violate department policy or break the law, you will be held accountable.”
The-CNN-Wire
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