A Milwaukee police officer has been accused of abusing his access to the department’s Flock camera network, according to a criminal complaint filed by the Milwaukee district attorney’s office Tuesday. Josue Ayala is charged with one count of misdemeanor misconduct in public for allegedly using MPD’s Flock network to determine the locations of two people, one of whom was in a romantic relationship with Ayala. 

If convicted, Ayala could face up to nine months in prison and up to $10,000 in fines. The criminal complaint states that a negotiation is underway, “a condition of which requires Josue Ayala to resign his position as a police officer” for MPD. 

Flock cameras continuously photograph and identify vehicles with AI-powered Automatic License Plate Reader (ALPR) technology, and then store that data in a network which can be searched by law enforcement agencies across the country. Distributed by the multi-billion dollar company Flock Safety, the cameras have been criticized for facilitating mass surveillance of citizens using a system that can be easily abused or misused by law enforcement. 

According to the criminal complaint, one of the alleged victims used a website to determine that Ayala had conducted numerous searches of that person’s license plate. “VICTIM ONE believed that Officer Ayala ran VICTIM ONE’S license plate over 100 times,” the complaint states. Detectives reviewed audit data from MPD’s Flock network showing that one victim had been searched by Ayala 55 times while the other victim had been searched 124 times over the same time period. 

Detectives learned that both victims used to be in a relationship together but had since broken up. After the relationship ended, one of the victims began to date Ayala. The investigation revealed that Ayala had used Flock while dating the victim.

The complaint states that Ayala was on duty when he conducted the searches. When officers use Flock, they need to put in a reason for the search. Ayala used “investigation” in order to conduct the unlawful searches. Last year, an analysis by the Wisconsin Examiner found that “investigation” was the most common search term Wisconsin law enforcement agencies used to access Flock during the first five months of 2025. Other agencies used even more vague search terms, including  just a dot. Agencies disagreed about whether officers should be held accountable for using vague terms. 

In December 2023, MPD leadership issued a memorandum warning that staff who used Flock for reasons unrelated to law enforcement could face discipline. MPD’s policy on ALPR technology and Flock also states that the system should only be used for “bona fide law enforcement purposes.” 

Ayala had been assigned to the MPD’s District 2 station on Lincoln Avenue, but is now on full suspension. The resignation agreement is pending with the Milwaukee County District Attorney’s Office, a police department press release states. 

Police Chief Jeffrey Norman said in a statement, “I am extremely disappointed to learn about the incident and expect all members, sworn and civilian, to demonstrate the highest ethical standards in the performance of their duties.” 

“If a member violates the code of conduct, they will be held accountable,” Norman added.  “… I want to remind the public that everyone is afforded the right of due process under the law, and as such, are innocent until proven guilty.” Norman also directed his department to create additional auditing mechanisms, although the department’s press release does not explain what exactly those mechanisms are. 

Ayala’s alleged use of surveillance technology for personal reasons is not an anomaly. In Menasha, an officer is facing felony misconduct in public office charges for using Flock to track a person’s vehicle while he was off duty. In Kenosha County, a sheriff’s deputy is also accused of using Flock and a squad car tracking system called Polaris to track one of his co-workers. The Examiner has filed records requests to obtain the internal investigation regarding the Kenosha sheriff’s deputy. 

The chief of the Greenfield Police Department is also facing felony misconduct in public office charges for installing a department-owned pole camera system on his property for personal reasons, and then deleting texts which may have been related to the investigation of the camera’s use. WTMJ reported that the chief captured himself deleting the messages using a body camera he’d worn to document a meeting where he was being offered the chance to retire. 

Residents in Milwaukee have been increasingly critical about the use of Flock cameras and facial recognition technology by both the police department and sheriff’s office. After a Fire and Police Commission meeting earlier this month related to facial recognition, where dozens of residents denounced the use of surveillance technologies, Norman announced that MPD would ban facial recognition for its staff. Locals have called for more oversight and transparency around police surveillance technology in the city.

The Milwaukee Police Association (MPD’s union) denounced Norman’s decision to restrict facial recognition. After the charges were announced against Ayala, the union posted on Facebook that he is innocent until proven guilty, that it respects “the integrity of that process,” and clarified that Ayala is not related to the union’s president Alex Ayala. 

Jon McCray Jones, policy analyst for the American Civil Liberties Union (ACLU) of Wisconsin, said in a statement that these latest accusations of Flock misuse “exemplify just how easily Flock cameras can be turned against the very people the technology purports to protect.”

McCray Jones criticized the use of vague terms to search Flock’s network, referencing reporting from the Examiner. “These meaningless, one-word descriptions make it impossible to know what the technology is being used for or whether it’s justified,” he said. McCray Jones called for greater public reporting and oversight of surveillance technologies in Milwaukee.

This story has been updated with comment from the American Civil Liberties Union (ACLU) of Wisconsin.