The Right to Roam: Privacy and the Constitution

In America, we are entitled to live our lives without being followed, indexed, or searched by the state unless there is a specific reason to believe we’ve committed a crime. This isn't just a "feeling"—it is the bedrock of our legal system.

The 4th Amendment and the "Mosaic Theory"

The Fourth Amendment protects us against "unreasonable searches and seizures." For decades, the government has argued that since a car is in "plain view" on a public street, recording it isn't a search.However, the Supreme Court has begun to push back using what is known as the Mosaic Theory (United States v. Jones, 2012). The court argued that while a single snapshot of a car might be public, the aggregate data of every trip you take over several weeks creates a "mosaic" of your life. This data reveals your religious affiliations, your medical visits, your political meetings, and your private associations.“A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another... [but] society's expectation has been that law enforcement agents... would not—and indeed, in the main, simply could not—secretly monitor and catalogue every single movement of an individual's car for a very long period.”Justice Alito, US v. Jones

The Virginia Constitution: Article I, Section 10

Our state constitution is even more explicit about "general warrants"—searches that target everyone in hopes of finding someone.
Section 10 states: "That general warrants, whereby an officer... may be commanded to search suspected places without evidence of a fact committed... are grievous and oppressive, and ought not to be granted."
By scanning every car that passes—innocent or not—Flock cameras act as a digital "General Warrant." They are searching everyone on the road "without evidence of a fact committed," waiting for the computer to find a reason to flag them.


The Right to Free Movement

The "Right to Travel" is a fundamental liberty interest. When the government logs every trip you take, it creates a "chilling effect." If you know your movements are being permanently recorded and shared across a national network, you are no longer truly "free to roam." You are roaming on a leash.


Deeper Reasons: Why This Matters

The FOIA Loophole: Virginia Code § 2.2-5517(F) was specifically written to make this data "exempt from mandatory disclosure." This means the government can watch you, but you aren't allowed to watch them watching you.

Mission Creep:
What starts as "stolen car detection" quickly expands to tracking people for expired registrations, minor traffic infractions, or even monitoring political protesters.

Private Profit, Public Privacy: A private, multi-billion dollar corporation (Flock Safety) is the gatekeeper of this data. They own the hardware, they manage the cloud, and they are the ones lobbying our local supervisors to spend our tax money on more cameras.


The Surveillance Breakdown

Q: "If you have nothing to hide, why do you care if a camera sees your plate?"

A: This isn’t about having something to hide; it’s about having a life to live without government oversight. There is a massive difference between a police officer seeing a car on the road and a private company building a "pattern of life" database. When the government knows every time you visit a doctor, a church, or a political rally, they aren't just looking for criminals—they are monitoring the entire law-abiding population. Privacy is a right, not a privilege for the guilty.

Q: "Don’t these cameras help catch car thieves and find missing children?"

A: We all want kidnapped children found and car thieves caught. However, we shouldn't have to trade the privacy of 30,000 innocent residents for the chance to catch one criminal. There are more "constitutional" ways to solve crimes—like targeted warrants—that don't involve a 24/7 dragnet of every citizen. Furthermore, many departments haven't provided any independent data proving these cameras actually lower crime rates long-term.

Q: "Isn't your camera on your yard doing the same thing as the Flock cameras?"

A: Exactly. That’s the point. My camera is here to show you how easy it is to be watched. The difference is that my camera is a protest, and I don't have the power to arrest you, put you on a "Hot List," or share your data with a national network of thousands of law enforcement agencies. If my camera makes you feel uncomfortable, you should be a hundred times more concerned about the ones the government is hiding in plain sight.

Q: "What do you want the Board of Supervisors to do?"

A: Since Virginia law keeps this surveillance secret, the only solution is to demand its total removal.

Q: "Is what you're doing legal?"

A: Yes. In Virginia, it is legal to record what is visible from your own property into the public right-of-way. We are using our First Amendment right to protest and our property rights to highlight a Fourth Amendment concern. We are following the exact same "public space" rules that the Sheriff uses to justify the Flock system.

Not from Floyd? Take the fight to your town.

Find your representative here - https://www.commoncause.org/find-your-representative/

Call to Action

Since Virginia law keeps this surveillance secret, the only solution is to demand its total removal. Join us in telling local leaders that if they cannot be transparent with our data, they cannot have these cameras on our roads.

  • Tell your local supervisor to terminate its contract with Flock and not renew.  See contacts listed
  • Speak at the next Board of Supervisors meeting.  The Goal: State clearly: "I do not consent to the use of automated surveillance that tracks law-abiding citizens without a warrant." ---> Get more resources HERE
  • Join the Mapping Movement - Don't let these cameras be "invisible."
  • Spot a Camera: If you see a small, solar-powered black camera on a pole near a major intersection or neighborhood entrance, take a photo.
    Upload: Use sites like Deflock.me to map the surveillance in our area. Sunlight is the best disinfectant.
  • Host a Sign - If you live on a busy road, put a sign in your yard.  Use the contact form at the bottom to get your own awareness sign.

Important Dates

June 23rd - 6PM

Board of Supervisor regular meetings are held the second Tuesday of each month at 8:30am and the fourth Tuesday of each month at 6:00pm in the Board Room of the County Administrative Building, 202 East Main St. Floyd, VA. Meetings are open to the public. Adjourned or special called meetings are scheduled as needed.

Board of Supervisors
(Floyd, VA ONLY)

Joe Turman (Chairman) Burks Fork District  
jturman@floydcova.gov

Jerry Boothe (Vice Chairman) Courthouse District 
jboothe@floydcova.gov

Linda DeVito  Little River District 
ldevito@floydcova.gov    

Walter Phillips Indian Valley District 
wphillips@floydcova.gov​    

Levi Cox Locust Grove District 
lcox@floydcova.gov

Floyd County Sherriff

Brian Craig
540-745-9334 
bcraig@floydcova.gov

Education

Benn Jordan - This Flock Camera Leak is like Netflix For Stalkers

Venture into the vulnerabilities of Flock and the lack of privacy they provide

Benn Jordan - Breaking The Creepy AI in Police Cameras

If you live in the United States, it's very likely that a private startup has been logging and sharing your vehicle's location without your consent.

Institute for justice - Flock's Creepy Surveillance System Coming to a City Near You

Full encompassing video of what Flock is as well as how its being challenged in Norfolk.  This goes over alot and is the most comprehensive.

9News - Flock Safety CEO addresses mass surveillance, access concerns

9NEWS questions the CEO of Flock Safety over mass surveillance concerns and access by federal officials who have used the network for immigration enforcement. 

abuse

wsb-tv Police officer terminated after allegedly using city’s Flock cameras for personal gain

Sandy Springs has terminated Reserve Sgt. Francis Esposito, after an internal investigation, was found to have used the city’s camera system for personal gain and may have engaged in corporate espionage.

Woman says police used Flock cameras to wrongfully accuse her of theft

On Sept. 27, a Columbine Valley police officer came to Chrisanna Elser’s door and issued her a summons to appear in court, accusing her of stealing a $25 package in the town of Bow Mar. She told FOX31's Anna Coon about what transpired after that.

Aurora police detain black family after mistaking their vehicle as stolen

Police detained and handcuffed a black mother and four children after mistaking their SUV for a stolen motorcycle from another state.

A Milwaukee police officer is accused of using the department's Flock Safety license plate reader system to track someone he was dating

Milwaukee police officer accused of Flock camera misuse

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