The argument I struggle to get around and would love to hear a counter-argument to: Let's say a local police department hired 175 police officers, each being told "Go stand on this particular intersection with a pad of paper and write down every license plate you see". This would be a stupid use of resources, but is not outside the realm of something a well-funded police department could do. Every night they take their reports back to HQ, and file them away.
This is a modestly different situation than one concerning warrantless tracking of phone locations, if for no other reason than my phone oftentimes in my pocket. It is not always visible to onlooking bystanders. And even if it isn't, externally there is no reliably way to differentiate one iPhone from another. In comparison: license plates, when in public, are always visible, and very easy to discern from one-another (different state-unique numbers); so in my mind the expectation of privacy is far lower.
I abhor what Flock does, but I'm not sure I see a constitutional argument for why what they do is unconstitutional.
This is a modestly different situation than one concerning warrantless tracking of phone locations, if for no other reason than my phone oftentimes in my pocket. It is not always visible to onlooking bystanders. And even if it isn't, externally there is no reliably way to differentiate one iPhone from another. In comparison: license plates, when in public, are always visible, and very easy to discern from one-another (different state-unique numbers); so in my mind the expectation of privacy is far lower.
I abhor what Flock does, but I'm not sure I see a constitutional argument for why what they do is unconstitutional.