EDITOR’S NOTE: Our original explainer on Flock cameras in Bismarck stated that Bismarck Police Department had no confirmed relationship with any Flock Safety camera network. BPD has since confirmed, in writing, that it does have access to one network. This update corrects that record.
BISMARCK, N.D. — Bismarck Police Department has confirmed, in writing, that it has access to a Flock Safety camera network in the city, correcting an earlier statement to this outlet that the department had no such relationship.
What BPD confirmed
BPD has one signed agreement with Flock Group, Inc., dated Feb. 26, 2024 and running five years, according to a copy of the memorandum of understanding provided to 701 Report. The agreement covers a single camera network in Bismarck, owned by a private entity, located around Kirkwood Mall.
“We currently have access to one network in Bismarck owned by a private entity around Kirkwood Mall. We do not plan on accessing any other Flock cameras at this time.”Lt. Luke Gardiner, Bismarck Police Department public relations officer
Only one officer, Ben Swenson, has held access to the system since the agreement began, according to Gardiner. Swenson’s use is focused on two areas: checking registered sex offenders for compliance, and supporting the High Plains Fugitive Task Force, a regional group that includes two BPD officers.
“We currently only have one officer with a Flock account. We do not access live feeds, and he is the one that received the training and knows the system.”Lt. Luke Gardiner
701 Report reviewed a year of redacted search records BPD provided. Every visible entry includes a stated reason for the search, including categories like stolen vehicles, active warrants, and sex offender compliance checks. BPD said it does not currently have a written policy governing use of the system.
The agreement costs Bismarck taxpayers nothing directly. The city’s own contract review form lists the contract amount as “N/A,” and the MOU itself states no financial commitment is required from BPD to access Flock’s services. It remains unclear what the private property owner pays Flock for the camera and subscription itself.
“We do not currently have a policy related to queries against Flock Safety camera networks. As you can see in the redacted audit log, we have always put a reason in the query.”Lt. Luke Gardiner
What the Sheriff’s Office says
701 Report also followed up with the Burleigh County Sheriff’s Office, which previously told KX News it does not use license plate readers or Flock cameras. Administrative Supervisor Tonya Nichols confirmed in writing that the Sheriff’s Office has no direct agreement or contract with Flock Safety, and never has.
“We do not currently have, nor have we had in the past, any direct agreements with Flock Safety. However, we are members of MOCIC, and through that membership, we are able to request information from MOCIC through Flock and other LPR systems.”Tonya Nichols, Administrative Supervisor, Burleigh County Sheriff’s Department
Nichols said the department doesn’t deploy its own LPR system, but does have access to Bismarck PD’s LPR records upon request. The Sheriff’s Office previously demoed an LPR system meant to integrate with its in-car cameras, but decided against adopting it after the demo. Nichols said any future direct agreement with Flock would be a decision for the next administration.
So while the Sheriff’s Office doesn’t own or directly contract with Flock, it isn’t fully walled off from the technology either, it can request BPD’s Flock data directly, and separately through a regional information-sharing network called MOCIC.
What this means for our earlier reporting
701 Report’s original count of six cameras across two shopping centers, Pinehurst Square and Kirkwood Mall, still stands. What’s changed is BPD’s role: the department’s confirmed access covers only the Kirkwood Mall network. The Pinehurst Square cameras are independently confirmed to exist, they appear to belong to a separate arrangement BPD has no relationship with.
What’s still unanswered
701 Report has sent follow-up questions to BPD, including who else may access the system, how the department verifies that a search has a legitimate reason without a formal policy in place, whether any BPD patrol cruisers have their own mounted license plate readers separate from Flock, and how the department’s ALPR use compares more broadly, not just through Flock. We’ve also requested an on-camera interview with Chief Jason Stugelmeyer to address these questions directly.
Separately, following up on the Sheriff’s Office’s response, 701 Report has asked whether any record or log exists of requests the department makes for other agencies’ LPR data, what would actually prompt a request like that, whether it’s a live search or a request-and-wait process through Bismarck PD or MOCIC, and whether there are any limits on how often or when it can be used.
A fuller story, with potential on-camera interview, is in progress.
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