A Milwaukee police officer is now facing a criminal charge after prosecutors say he tapped into the department’s Flock automated license plate and video system for searches that were outside his authority. Officer Josue Ayala was placed on full suspension in December and remains off the job while the case moves through Milwaukee County court.
The Milwaukee County District Attorney’s Office filed one count of attempted misconduct in public office on Tuesday. If Ayala is convicted, he could face up to nine months in jail and a fine of as much as $10,000, according to TMJ4.
Ayala remains on full suspension while a tentative resignation agreement is worked out with prosecutors. Milwaukee Police Chief Jeffrey Norman, in comments reported by TMJ4, said he was “extremely disappointed” and stressed that department members are expected to meet high ethical standards, while also noting that Ayala is entitled to due process as the case plays out.
What Flock Does
Flock Safety runs automated license plate readers and cameras that record plate numbers, timestamps and basic vehicle descriptors, then compile that information into searchable logs for law enforcement. The company says its system is intended to generate investigative leads that can help recover stolen vehicles and solve crimes, and it emphasizes that officer searches are recorded for accountability, according to Flock Safety.
A Pattern Of Concern In Wisconsin
The allegations against Ayala arrive as other Wisconsin officers are already under the microscope for how they use similar technology. In January, a Menasha police officer was charged after investigators said multiple Flock database searches targeted the same private individual’s vehicle, WBAY reported.
Civil liberties groups and police watchdogs argue those kinds of cases expose gaps in oversight and point to the need for stronger, public rules about when and how automated license plate readers can be used. The ACLU of Wisconsin has warned that the technology is “ripe for abuse” without clear policies and robust auditing.
Legal Implications And Next Steps
Under Wisconsin law, misconduct in public office applies to public employees who knowingly act beyond their lawful authority or otherwise misuse the power of their position. That framework is regularly cited in state cases explaining what prosecutors have to prove, according to court materials summarizing Wis. Stat. § 946.12. OpenJurist includes a commonly referenced discussion of how courts have applied the statute.
In Ayala’s case, prosecutors have now filed an attempted misconduct charge, and the matter will proceed through Milwaukee County court. In the coming weeks, judges and attorneys will sort out scheduling, motions and what evidence can be presented as the case moves forward.
What To Watch
Observers will be watching for new filings from the Milwaukee County District Attorney’s Office, including any additional detail about the alleged improper searches. On the police side, formal internal affairs notices from the Milwaukee Police Department could change Ayala’s employment status or add departmental discipline on top of the criminal case.
The episode lands at a sensitive moment for the department, which has been under public pressure over its use of surveillance tools. Earlier this month, MPD shelved a plan to roll out facial recognition technology after community backlash, according to WISN. With that debate still fresh, oversight of police technology and how it is monitored is likely to be a central part of the conversation as Ayala’s case unfolds.
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