Federal Judge Upholds Norfolk’s Use of Automated License Plate Readers Amid Privacy Concerns

A federal judge has ruled that Norfolk, Virginia’s use of nearly 200 automated license plate readers (ALPRs) can continue, following a legal challenge brought by local residents. The plaintiffs in the case, Schmidt v. City of Norfolk, argued that the city’s implementation of Flock’s ALPR technology amounted to a broad surveillance program that violated their rights. The technology captured images of their vehicles hundreds of times, which they contended was invasive and overreaching.

Despite these concerns, US District Court Judge Mark S. Davis found no constitutional breach in the city’s actions. His 51-page decision emphasized that the plaintiffs failed to prove that the ALPRs could map out the entirety of an individual’s movements. This ruling, issued days before a scheduled bench trial, underscores a broader judicial stance that allows for the deployment of such technologies when balanced against privacy concerns. Details of the ruling further illustrate the nuanced considerations involved in balancing technological advancements with personal privacy. The court found the system’s design lacked the capability for extensive, prolonged tracking of individuals, countering the assertion of a “dragnet surveillance program.”

Flock’s system has been a subject of debate across various jurisdictions. Critics argue that these devices expand state surveillance capacities excessively, while supporters assert they are essential for modern law enforcement, aiding in the prevention and investigation of crimes. This case adds to the legal precedents shaping the future use of surveillance technology in public spaces.

The legal landscape surrounding ALPRs continues to evolve, as courts assess the complex interaction between public safety, privacy, and technology. The decision in Norfolk reflects an ongoing judicial acknowledgment of the need to accommodate innovative law enforcement tools, even as they scrutinize their application under constitutional frameworks.

More insights into the case can be found on the Ars Technica website, which also highlights the broader implications of this judgment on other municipal ALPR deployments.