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Judge tosses privacy suit over San Jose's nearly 500 Flock license plate cameras

A Santa Clara County judge found San Jose's license plate reader network does not violate the state constitution; civil liberties groups say they may appeal, and a federal suit is still pending.

Sasha Lowery

October 6, 20262 min read

Roadside camera on a pole - illustration, Jake Team LLC

A Santa Clara County Superior Court judge has dismissed a lawsuit that challenged San Jose's network of automated license plate readers, ruling that the cameras do not violate residents' privacy rights under the California Constitution.

Judge Jeffrey El-Hajj ruled Friday in favor of the city, which operates nearly 500 Flock Safety readers that scan hundreds of millions of plates each year, KQED reported. His decision relies on a 2024 state appeals court ruling that found traffic surveillance cameras in San Diego were not an invasion of privacy.

KALW reported that the earlier decision held drivers have no reasonable expectation of privacy on public streets.

The two sides

The American Civil Liberties Union of Northern California and the Electronic Frontier Foundation filed the case in November 2025 on behalf of the California chapter of the Council on American-Islamic Relations and the Services, Immigrant Rights and Education Network. They argued the cameras and the searchable database behind them amount to mass surveillance and that police should need a warrant to search the data.

City Attorney Susana Alcala Wood said in a statement that the ruling "validates" that the city's system and its oversight meet constitutional privacy standards, and that the city aims to balance a crime-fighting tool with protection of privacy.

Andrew Crocker, the EFF's surveillance litigation director, told KQED the plaintiffs are disappointed and may appeal. He argued that only a warrant requirement, or ending the use of the readers, would prevent abuse.

Rules have tightened

San Jose now keeps plate and vehicle data for 30 days, down from a year when the suit was filed, and has barred the cameras from recording outside places of worship, reproductive health clinics and other sensitive sites, according to KQED.

Mayor Matt Mahan has said he will ask state lawmakers to make misuse of such systems a crime, and he and Vice Mayor Pam Foley have proposed more audits of police searches and limits on how officers access the database.

A separate federal lawsuit, in which three San Jose residents claim the readers violate the Fourth Amendment and seek class-action status, is still pending; the city has asked that it be dismissed.

Across the country, more than two dozen cities and counties have ended or stepped back from Flock contracts after reports that federal immigration and border agencies could reach data from local camera networks. KQED reported that Santa Clara County, Santa Cruz and Los Altos Hills are among them, while Oakland and San Francisco have kept their cameras.

Sources

kqed.org

kalw.org

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Sasha Lowery

Sasha Lowery writes about community life, schools, public safety, and local events in Saratoga.

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