Gann highlights suppression of license plate scanner evidence by State Court

Gann Highlights Suppression of License Plate Scanner Evidence by State Court

OKLAHOMA CITY (Sept. 30th) – Rep. Tom Gann, R-Inola, has taken notice of what he believes is the first of many actions by Oklahoma courts to suppress evidence obtained from license plate scanners.

“The decision will place many cases against perpetrators of criminal acts in jeopardy,” Gann explained.

According to Gann, the issue arises from local government entities entering into contracts with a nationwide big-tech firm, Flock, to install 24/7 vehicle scanning technology—despite such actions being prohibited by Oklahoma law.

“When the government uses these devices to scan every passing vehicle, they are violating Oklahoma law. This puts every resulting conviction in jeopardy,” Gann stated.

Earlier this year, Gann warned government entities involved in this practice that their actions are not authorized by law. His concerns were dismissed by politicians, including Tulsa Mayor G.T. Bynum.

In September, a McClain County court, in State of Oklahoma v. Ifabiyi, suppressed the use of license plate scanner evidence, citing Oklahoma's legal prohibition of the technology.

“When governments rely on unauthorized technology to surveil their citizens, policing methods become lazy,” Gann said. “They replace tried-and-true, constitutionally compliant, community policing tactics with unproven technologies that pose serious privacy concerns and offend the American public. This lazy policing is now putting many potential convictions at risk, as the motion to suppress will become the foremost tool of the competent defense attorney.”

Gann does not believe the Legislature has any interest in approving the use of this technology in the near future.

“The CEO of Flock has openly stated his intent to place a scanner on every street corner. Many legislators understand that Oklahomans do not want this Orwellian approach. They recognize it as a breach of the Fourth Amendment and foresee future courts continuing to rule it unconstitutional, placing many criminal convictions into question.”

In the 2024 legislative session, a proposal to authorize the scanners, House Bill 3570, failed to receive a House floor vote, and a comparable measure, Senate Bill 1620, was defeated by a wide margin.

Gann expects public opposition to grow as awareness of the specifics of the technology increases.

“This technology has been presented to the public as a tool for local police to monitor their communities, but it’s becoming more apparent that these scanners are merely nodes in a much broader network shared among various government agencies. This allows distant governments to track the movements of Oklahomans, with no recourse against abuses by politicized agencies who may have access, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives,” Gann warned.

Gann is also concerned about the lack of transparency from some departments regarding the agencies with whom they share data. He pointed to the Edmond Police Department’s reported refusal to disclose this information to NonDoc, a journalistic service that investigated the matter earlier this year.

“Government entities, such as Edmond, have a duty to be transparent with the people about what is happening. Their lack of transparency will not only prove futile in the long run, but it will erode the trust that people have in these government entities,” Gann concluded.

Rep. Gann will lead a legislative study on this issue beginning at 8:30 a.m. Oct. 8 in room 5S2 at the State Capitol, 2300 N Lincoln Blvd., Oklahoma City. The public is invited to attend. The meeting also will be streamed online and can be watched through the House website, OKHouse.gov under the News & Media Tab. Click on Live Proceedings, and search Calendar-Day/Month for Oct. 8 then select the State Powers Committee [blogger's note: this link might work].  

Tom Gann serves District 8 in the Oklahoma House of Representatives. His district includes parts of Mayes, Rogers and Wagoner counties.