NORFOLK, Va. — A federal judge will hear arguments Wednesday in a case challenging Norfolk's Flock camera surveillance program, with two residents claiming the system violates their Fourth Amendment rights.
The lawsuit, filed by neighbors from Norfolk and Portsmouth, argues that the city's 172 Flock cameras constitute warrantless surveillance that infringes on constitutional protections against unreasonable searches.
Flock cameras are designed to photograph vehicles and identify license plates. Local law enforcement says the technology has helped solve crimes by providing investigators with vehicle identification data.
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The plaintiffs' main concern centers on police department access to the camera database without obtaining warrants first.
"We look forward to persuading the court tomorrow that the city's warrantless surveillance of every driver in Norfolk violates the Fourth Amendment. Our clients and all Hampton Roads residents deserve to be free from this unconstitutional dragnet. If the court does not decide the case after tomorrow's hearing, then we look forward to proving the city's constitutional violations at trial next month," Michael Soyfer, Institute for Justice Attorney said.
Flock Safety, the company behind the camera system, has previously defended the technology's legality.
"License plates are issued by the government for the express purpose of identifying vehicles in public places for safety reasons. Courts have consistently found that there is no reasonable expectation of privacy in a license plate on a vehicle on a public road, and photographing one is not a Fourth Amendment search," the company said.
Watch previous coverage: Lawsuit challenging Flock cameras moves forward
The company argues that courts have established no reasonable expectation of privacy exists for license plates displayed on public roads, since governments issue them specifically to identify vehicles for safety purposes.
If the judge does not rule after Wednesday's hearing, the case is scheduled to go to trial during the first week of February.
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