BRUNSWICK COUNTY — The North Carolina State Bureau of Investigation opened a case against a Brunswick County Sheriff Office deputy allegedly misusing the department’s Flock camera system.
In a statement released Tuesday, Sheriff Brian Chism said during a review of Flock system activity, information regarding an employee’s use of the surveillance was identified and warranted further review. The sheriff’s office referred the case to the state SBI in early August.
The identity of the officer nor the nature of potential misuse have been shared. The officer has since resigned from BCSO.
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According to SBI representative Chad Flowers, once the SBI concludes its investigation, findings will be sent to the Brunswick County District Attorney’s office for review. The DA is responsible for determining if any criminal charges are filed.
The most common charge for cases of Flock misconduct is illegal access of a government computer, according to Flowers. Under North Carolina law, accessing a government computer without authorization for reasons other than fraud or academic materials is a Class H felony, which carries prison time of up to two years, although for someone without a criminal record, probation is more likely.
Flowers said, to his knowledge, there are no other SBI investigations for automatic license plate reader misconduct in Brunswick, Pender or New Hanover counties. However, there are several open cases throughout the state. He was unable to provide further information on the number or nature of the cases.
Since July, two North Carolina officers have been arrested for improperly using Flock cameras. A Charlotte-Mecklenberg officer Seth Elliot was arrested for running an unauthorized search of a North Carolina license plate. Additionally, a Mooresville police officer, Elizabeth Snowman, was arrested after allegedly accessing Flock cameras 31 times to track her boyfriend’s ex-wife.
In an attempt to mitigate possible abuses of the system and quell public concerns over privacy and transparency, several local sheriff departments have committed to increased regulations.
New Hanover County Sheriff’s Department has reduced the data retention period from 90 days to 30 and performs a monthly internal review audit, to be reviewed by Sheriff Ed McMahon.
Similarly, BCSO has a 30-day data retention period and performs review audits of Flock use within the office. Port City Daily did not receive a response from BCSO on how often audits happen by press.
Chism said in a video posted to the BCSO social media on Thursday that the office is limited on information it can provide at this time, specific searches, evidence or speculation about potential charges or outcomes.
“We understand that can sometimes be frustrating when the community is asking legitimate questions,” Chism stated. “Our inability to provide additional information should not be interpreted as an unwillingness to be transparent. Rather, we must balance transparency with our legal obligations regarding personal information and investigative records.”
Mark Williams, a local attorney who’s part of DeFlock, told Port City Daily he applauds Sheriff Chism for informing the public of the investigation as it is not required unless the officer is charged criminally.
As an organization, Deflock ILM gathers data about Flock in the Cape Fear Region and advocates to get rid of the cameras.
“Our organization wants the cameras to come down,” Williams said. “We believe that it’s anti-American. That it is an unconstitutional tracking of citizens’ movements and treating all citizens as suspects.”
According to public records obtained on Aug. 28 by DeFlock ILM, Brunswick County has limited its hotlists — which work by alerting local law enforcement when a known wanted vehicle is detected. Now, Brunswick County data only goes to the National Crime Information Center and active investigation vehicles hotlists.
The records also reveal BCSO has eight Flock Falcon V2.2 cameras — a solar-powered license plate reader that collects data, such as a vehicle’s make, model, color and any other identifying information such as stickers, dents or damage.
The cost of the hardware itself was $24,000 with the initial cost, including installation, hitting $29,200. To renew the contract annually, it will cost $24,000.
BCSO did not respond to Port City Daily’s questions by press on when the contract was signed or its expiration.
DeFlock ILM has more public records requests to be fulfilled from BCSO, including network audits and any misuse/discipline records.
A spokesperson for BCSO Emily Flax told Port City Daily a Flock transparency section would be available on the BCSO website within the coming days. Information will include the office’s Flock policy, agreement, costs and FAQs.
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