Short answer
Yes. Flock records can be offered as evidence, but they have to meet the rules of evidence and can be challenged. The prosecution must authenticate them, which under the federal rules can mean showing the system produces an accurate result. The defense can contest that, move to suppress unlawfully obtained evidence, and dispute what the records prove.
Getting the records admitted
Evidence has to be shown to be what it claims to be. Under Federal Rule of Evidence 901(a), the side offering it must produce “evidence sufficient to support a finding that the item is what the proponent claims it is.” For machine-generated records, Rule 901(b)(9) gives one way: “evidence describing a process or system and showing that it produces an accurate result.”
Rule 902(13) also allows certain records “generated by an electronic process or system that produces an accurate result” to be admitted on a written certification from a qualified person, with advance notice to the other side. That can let ALPR records come in without a live witness, unless the defense raises a challenge.
The rules ask whether the system produces an accurate result, and that is a factual question. Published data on ALPR accuracy is limited and often measures alerts rather than reads. See plate misreads and accuracy.
Three ways the evidence can be challenged
- Admissibility. Objections under the rules of evidence, for example to authentication or to how the records are presented. See authentication and admissibility of ALPR evidence.
- Suppression. If the evidence, or what followed from it, was obtained in violation of the defendant’s rights, a motion to suppress can ask the court to exclude it. See can Flock camera evidence be thrown out?
- Weight. Even admitted evidence can be disputed at trial: whether the plate was read correctly, whether the record is complete, and who was driving. See vehicle vs. driver identification.
We haven’t found a U.S. Supreme Court decision on the admissibility of ALPR records specifically. How courts handle them depends on the jurisdiction’s evidence rules and the facts.
State rules
Most criminal cases are in state court, under state rules of evidence. Many states model their rules on the federal ones, but the wording and court decisions differ. A local defense attorney will know how ALPR records are usually handled where your case is.
Law varies by state. State constitutions, statutes and courts may treat this issue differently from federal law. A licensed attorney in your jurisdiction can tell you how it applies.
Sources
- StatuteFederal Rules of Evidence, Rule 901, “Authenticating or Identifying Evidence”Rules 901(a), 901(b)(9) · accessed 2026-11-05
- StatuteFederal Rules of Evidence, Rule 902, “Evidence That Is Self-Authenticating”Rule 902(13) · accessed 2026-11-05
- OpinionMapp v. Ohio367 U.S. 643 (1961)
Related
- License Plate Misreads and ALPR AccuracyWhat published data actually says about Flock and ALPR accuracy: vendor claims, agency misread rates, why alert errors run high, what affects reads, and the limits of the evidence.
- Can Flock Camera Evidence Be Thrown Out?When Flock camera evidence can be kept out of a criminal trial: suppression for constitutional violations, the exceptions, objections under the rules of evidence, and weight.
- Vehicle Identification Is Not Driver IdentificationA Flock camera can record a vehicle and its plate. It generally does not establish who was driving. Here's why that distinction matters in a criminal case.