NAPERVILLE, Ill. (WLS) — Automated license plate reader systems, including Flock, can build an extensive map of a person’s movements. But Illinois law may leave a significant accountability gap: An officer who uses the technology to monitor someone without a criminal justification could violate department rules without technically breaking the law.
The ABC7 I-Team revealed that Naperville Police Officer Oscar Maldonado told investigators he used Flock cameras to search for a man at least 150 times after Maldonado began an affair with the man’s former fiancée.
The report comes as Berwyn officials announced Wednesday that the city is suspending its use of Flock Safety cameras.
Maldonado’s criminal defense attorney said a police investigation found “a preponderance of evidence” that the officer committed official misconduct. However, he argued that Maldonado did not commit a crime because Illinois has no specific law prohibiting the misuse of Flock technology.
“I’m a defense attorney. It should be a crime. It should absolutely be a crime,” said Jeff Tomczak. “The legislature should act and create the crime of misuse of Flock. Don’t require state’s attorneys to be creative.”
Tomczak said that, under current rules, using Flock cameras to investigate someone who is not suspected of a crime is treated as an administrative violation rather than a criminal offense.
“It’s going to be subject to a legal challenge until the legislature acts, which they should have done already,” Tomczak said.
ABC7 Chief Legal Analyst Gil Soffer also said Illinois law may not clearly address how to hold officers accountable in such cases.
“An official misconduct statute in Illinois won’t necessarily cover the simple situation where a police officer accesses license plate information for an improper purpose,” Soffer said.
The reach and oversight of the vast, privately operated surveillance network also came under scrutiny Wednesday during a congressional hearing on Capitol Hill. Leaders of Flock and other automated license plate reader companies did not attend.
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“You know who you won’t hear from? Flock CEO,” said Sen. Josh Hawley, R-Missouri.
Sen. Dick Durbin, D-Illinois, added, “I think they’re afraid to be on camera.”
At the state level, lawmakers are pursuing new safeguards. State Rep. Nicolle Grasse introduced legislation earlier this year that would require Illinois municipalities to establish protections governing the technology.
“There is great benefit that can come from these. But with that benefit comes great responsibility and risk,” said Grasse, D-Arlington Heights. “That brings in the responsibility part, especially for those entrusted with public safety.”
Berwyn Mayor Robert Lovero issued an executive order calling for the immediate shutdown of the city’s license plate reader system. He characterized the move as a precautionary step while officials reassess how the powerful surveillance tool should be used.
The I-Team spoke with Berwyn Alderman Rob Pabon, who has advocated suspending the system since last year.
“There were still people who had concerns about the technology because they felt we shouldn’t be surveilling our community,” Pabon said. “We have a very diverse, working-class community, and we wanted to make sure people weren’t wrongly targeted or that their privacy wasn’t constantly invaded in this way.”
Berwyn’s mayor emphasized that there are no documented reports indicating that the city’s police officers misused the system.
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