Second Milwaukee Police Employee Probed Over Flock Camera Misuse
But MPD isn't backing away from using the technology.
Two Milwaukee Police Department block N. Richards St.. on April 23. Photo by Jeramey Jannene.
A second Milwaukee police employee is under investigation for potentially misusing the department’s controversial Flock license plate reader system, according to disclosures made during a recent meeting of the city’s Fire and Police Commission.
The revelation comes as communities across Wisconsin and the country are halting their use of the technology, which can track vehicle movements by photographing and processing license plates. The Milwaukee Police Department maintains the technology is valuable, and it will continue to use it.
The latest investigation, revealed during the commission’s May 7 meeting, comes just months after former Milwaukee police officer Josue Ayala was criminally charged for allegedly using the system to track a romantic partner and the partner’s ex-boyfriend.
Ayala’s alleged misuse was discovered only after one of the victims queried a public database of prior license plate searches and, in December, submitted a complaint. Ayala was charged in February.
Milwaukee Police Department officials said the misuse by Ayala prompted the development of a statistically driven audit process for how officers and civilian employees access and use the technology, which relies on fixed cameras to capture license plate data from passing vehicles. It also led to a dramatic reduction in the number of officers with access to the system, from 370 to 100.
MPD, said risk manager James Lewis, now audits all statistically abnormal behavior, including searching too frequently or using incorrect or old case numbers. It currently has 70 flagged audit cases, many of which it expects to be tied to mistyped case numbers or excessive searching associated with high-priority cases.
But it has also found another potential abuse.
“I will disclose to this body that there is an investigation pending, but I cannot disclose any other information at this time,” said Heather Hough, MPD chief of staff, after an hour of discussion. Commissioner Krissie Fung had pushed Hough and Lewis to identify if there were any other misconduct cases forthcoming.
MPD said on Thursday that it could not provide any additional information.
Lewis said two users were removed after an April audit.
Milwaukee has used the Flock system since 2022 and currently operates 31 cameras citywide. Department officials say the cameras have aided investigations ranging from reckless driving and street takeovers to violent crimes. The department also has license plate readers mounted on a number of patrol vehicles.
The Flock cameras, said Lewis, are not video enabled and all are pointed at roadways.
“Used correctly, [the cameras] are a valuable tool and this department will not back away from that position,” said Hough.
The technology, said Hough, has been used to arrest the alleged ringleader of a street takeover and locate an alleged shooter.
But the system has also sparked growing concerns from privacy advocates and civil liberties groups, particularly following the allegations against Ayala.
The scrutiny comes amid a broader statewide backlash against Flock. Earlier this month, the cities of Appleton and Oshkosh announced plans to end their contracts with the company over concerns about misuse and potential access by outside agencies.
At the May 7 meeting, several speakers questioned whether the technology could be accessed by federal agencies for immigration enforcement purposes.
Commissioner Bree Spencer suggested additional oversight measures may still be warranted despite the department’s policy changes. She praised Lewis for taking his job “quite seriously.”
Spencer said she was happy to hear about the audit process, but said questions remain about Flock and if the camera technology was warranted. “I’m pretty convinced they’re not for a lot of reasons, inclusive of the concerns of abuse,” Spencer said. “I think Flock is a pretty crappy company for the quality of the product they put out. I worry a lot about the hacking situation. I do really worry about disproportionate surveillance, and I think this city should be too.”
She suggested Milwaukee consider an ACLU-inspired model of an oversight board specializing in policing technology.
She also suggested those opposed to Flock pressure the Common Council to terminate the city’s contract.
MPD has previously changed its policies after pushback. In February, Police Chief Jeffrey Norman announced the city would suspend its use of facial recognition technology.
“We are learning these lessons,” said Hough of getting community buy-in first.
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