MORGANTOWN — State Sen. Mike Oliverio (R-Monongalia) says county sheriffs should have control over data collected by Flock automated license plate reader systems, while law enforcement should generally be required to obtain a warrant before searching that information. Oliverio told WV MetroNews the technology can provide useful investigative information, including in cases such as kidnappings, but he believes access to the data should be subject to clear legal restrictions.
Oliverio said Flock data should remain under the custody of the local law enforcement agency using the system rather than an outside technology company. He specifically identified the sheriff as the proper custodian of the information and said the data should not be controlled by Flock or another vendor.
“The proper custodian of the data is the sheriff,” and the information “should not be the provider, or Flock in this case.”
His proposal also includes restrictions on the sharing and sale of the information, along with auditing requirements for activity involving the data.
“Just the everyday citizen, I think if somebody is going to pursue them in a law enforcement manner and it’s not an emergent situation, I think there should be a warrant.” He added, “We need to know why it’s being done and if it’s reasonable.”
Under Oliverio’s approach, law enforcement would need a warrant to search information involving ordinary citizens when there is no emergency. He has said exceptions should exist for time-sensitive circumstances, such as an abduction, when immediate access could help locate a person or vehicle. Oliverio’s position comes as West Virginia lawmakers consider legislation governing Flock and other automated license plate reader systems ahead of the 2027 legislative session.
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