Arizona Attorney General Kris Mayes launched an investigation into automated license plate readers used across the state.
Along with South Dakota's attorney general, Mayes is among the first attorneys general nationwide to do so.
"Arizonans are rightfully concerned about the documented examples of the misuse of this technology as well as how it affects their privacy rights," Mayes said in a written statement. "Its use must be balanced against the Constitution and Arizonans’ privacy rights."
The review comes as cities across metro Phoenix grapple with how to use the cameras as potential misuses of the technology by police departments come to light.
"The Attorney General is the top law enforcement and legal officer of the state," Mayes' spokesperson
Richie Taylor said in an email. "Cities and towns across Arizona have been grappling with these questions on their own, and that’s part of why this review is needed. Issues of constitutional rights and privacy are too great to be decided in isolation at the local level."
Chandler, Apache Junction, Goodyear and Surprise reported potential misuses of the Flock Safety automated license plate reader technology in the last few weeks.
In Chandler and Apache Junction, the misuse was due to police officers' actions. In Surprise, a technical error was flagged as misuse. Goodyear's criminal investigation was ongoing.
Still, Chandler and Surprise cut ties with Flock Safety, the controversial company contracted to supply the cameras. Cave Creek, Tempe and Pinal County also axed their contracts because of the public outcry about the cameras, not because of employees misusing the system.
Mayes' investigation will analyze how the technology has been used, how it impacts privacy and whether it violates any Fourth Amendment rights. The findings will be sent to the Legislature and the Governor's Office, according to a news release. Taylor said the goal is to deliver the report by the next legislative session but added there is no firm date for the review to be completed.
The state Legislature has already tried to crack down on automated license plate readers through two separate bills aimed at tightening restrictions on how searches can be made, increasing officer training and leaving the decision to use automated license plate readers up to the voters. Those bills did not pass.
Misuse of the Flock automated license plate reader system has ranged from tracking a family member with prior health issues to stalking former partners. A USA TODAY investigation found that at least 19 police and sheriff's office employees in five states, not including Arizona, were arrested, fired, put on administrative leave or placed under investigation over the last two months for using Flock Safety's vast network of license plate reader cameras to track cars’ locations for potentially improper or illegal purposes.
Officers in Chandler and Apache Junction resigned while the police departments investigated their conduct.
Who can make decisions about Flock cameras and automated license plate readers differs between Mayes and Gov. Katie Hobbs, both Democrats up for reelection in November. Hobbs said decisions about the technology should largely remain with local communities, while Republican gubernatorial candidate Andy Biggs said a statewide approach was better, saying he would likely sign a bill banning the cameras if voters choose him in November.
Arizona Republic reporter Elena Santa Cruz and USA TODAY reporters Kenny Jacoby, Austin Fast and Jack Lemnus contributed.
Lauren De Young covers transportation and the cities of Tempe and Chandler for The Arizona Republic. Reach her at ldeyoung@azcentral.com.
This article originally appeared on Arizona Republic: Flock cameras face statewide scrutiny from Arizona attorney general
