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Quick answer

Can Flock Camera Evidence Be Thrown Out?

Published · Last reviewed · By Editorial team · Not attorney-reviewed

Short answer

Sometimes, but not automatically. Camera evidence can be suppressed if it, or what followed from it, was obtained in violation of the defendant’s rights and no exception applies. It can also be excluded if it fails the rules of evidence. Many cases turn instead on what the evidence proves, which is argued at trial.

Route 1: suppression

Evidence obtained through an unconstitutional search or seizure is generally inadmissible, in state as well as federal court (Mapp v. Ohio). In ALPR cases the arguments usually involve a stop made on an unverified or mistaken alert, or a warrantless search of stored location data. Often what’s suppressed isn’t the camera record itself but what police found because of the stop or search. See grounds to suppress ALPR evidence.

Exceptions can keep evidence in even when there was a violation. In Herring v. United States, the Court declined to suppress evidence found after an arrest based on a database error that was “isolated negligence,” while saying the rule can still reach “recurring or systemic negligence.” See exceptions to the exclusionary rule. Motions also have deadlines. See suppression hearings.

Route 2: the rules of evidence

The side offering a record must authenticate it. Under the federal rules, that can involve evidence that the system “produces an accurate result” (Rule 901(b)(9)). The defense can object if that showing isn’t made. See can Flock camera evidence be used in court?

If the evidence comes in

Admitted evidence still has to be weighed. A camera record can be challenged on whether the plate was read correctly and on who was driving. Whether any of these routes fits a particular case is a judgment for a licensed defense attorney.

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

  1. OpinionMapp v. Ohio367 U.S. 643 (1961)
  2. OpinionHerring v. United States555 U.S. 135 (2009)
  3. StatuteFederal Rules of Evidence, Rule 901, “Authenticating or Identifying Evidence”Rules 901(a), 901(b)(9) · accessed 2026-11-05