NORFOLK, Va. — The City of Norfolk's attempt to dismiss the lawsuit against Flock cameras was denied by a judge, according to court documents.
The court documents included Chief Judge Davis' reasoning to move forward with the suit, it reads, "Plaintiffs have sufficiently alleged a violation of both their subjective and reasonable objective expectations of privacy, and by doing so, plausibly allege that a search has occurred."
Norfolk installed 172 license plate cameras around the city in 2023. These cameras have been an asset to law enforcement. However, some residents believe they pose a threat to individual privacy, breaching a Constitutional right.
Watch previous coverage: Virginia could add regulations to license plate reader cameras
The Institute of Justice law firm filed an initial lawsuit against Flock cameras on behalf of Norfolk resident Lee Schmidt and Portsmouth resident Crystal Arrington in Oct. 2024. They allege that Flock cameras violate the Fourth Amendment, which protects against unreasonable searches, according to court documents.
The defendants in this case are the City of Norfolk, the Norfolk Police Department, and NPD Chief Mark Talbot.
"This is a massive first step toward protecting the Fourth Amendment rights of everyone who drives through Norfolk,” said I.J. Attorney Michael Soyfer. “These cameras can track people’s every move over a prolonged time period. If the government wants to do that, it should have to get a warrant.”
Watch: New lawsuit challenges whether Flock cameras in Norfolk are constitutional
News 3 previously spoke with Norfolk Commonwealth’s Attorney Ramin Fatehi on the topic of Flock cameras — he endorsed the use of license plate reader technology, describing them as "game changers."
"I go to murder scenes. I’ve seen Norfolk Police solve murders using Flock, solve murders that would’ve gone nowhere without it,” Fatehi said.
