Judge Upholds Norfolk's Use of Flock Safety Cameras, Dismisses Lawsuit

Federal judge rules Flock surveillance cameras are not numerous enough in Norfolk to track the 'whole' of one's movements.

Jan. 27, 2026 at 7:15pm

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A federal judge has ruled in favor of the Norfolk Police Department's use of Flock Safety surveillance cameras, dismissing a lawsuit filed by two local residents who argued the warrantless use of the cameras violates Fourth Amendment protections. The judge determined that the 176 Flock cameras in Norfolk, grouped into 75 clusters, are not numerous enough to track the 'whole' of one's movements, and therefore do not constitute an unconstitutional invasion of privacy.

Why it matters

This ruling is significant as it upholds the use of automated license plate reader (ALPR) technology by law enforcement, despite concerns from civil liberties groups about the potential for abuse and mass surveillance. The decision aligns with a growing number of court rulings nationwide that have found Flock cameras do not infringe on individuals' reasonable expectation of privacy.

The details

The lawsuit was filed in 2024 by two Norfolk and Portsmouth residents, represented by the Institute for Justice law firm. They argued the Flock cameras and related photo database violate Fourth Amendment protections. However, the judge determined the plaintiffs 'were not subject to an unconstitutional search' as the cameras are not numerous enough to reveal the 'whole or virtual whole' of their movements. Over a 4.5-month period, the plaintiffs' vehicles were photographed 475 and 325 times, respectively, an average of 3 and 2.5 times per day, with the photos taken an average of 3 miles and 45 minutes apart. The judge ruled this was not enough to reconstruct their full movements.

  • The lawsuit was filed in October 2024.
  • The judge's ruling was issued on January 27, 2026.

The players

U.S. District Judge Mark S. Davis

The federal judge who ruled in favor of the Norfolk Police Department's use of Flock Safety cameras.

Lee Schmidt

A Norfolk resident who was one of the plaintiffs in the lawsuit against the Norfolk Police Department's use of Flock cameras.

Crystal Arrington

A Portsmouth resident who was one of the plaintiffs in the lawsuit against the Norfolk Police Department's use of Flock cameras.

Institute for Justice

The law firm that represented the plaintiffs in the lawsuit against the Norfolk Police Department's use of Flock cameras.

Flock Safety

The Atlanta-based company that manufactures the surveillance cameras used by the Norfolk Police Department.

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What’s next

The Institute for Justice has stated it will appeal the ruling to the 4th U.S. Circuit Court of Appeals.

The takeaway

This case highlights the ongoing legal debate over the use of automated license plate reader (ALPR) technology by law enforcement, and the balance between public safety and individual privacy rights. While the judge ruled the Flock cameras in Norfolk do not currently violate the Fourth Amendment, the ruling leaves open the possibility that a future expansion of the system could cross that line.