Veteran, now in retirement, files lawsuit against Norfolk, alleging constant surveillance: 'An unusually excessive amount of tracking'
In a recent development, two residents of Norfolk, Virginia, Lee Schmidt and Crystal Arrington, have filed a lawsuit against the city, aided by the Institute for Justice, a libertarian nonprofit law firm. The lawsuit alleges that the near-constant logging of drivers' locations by the city's license plate readers amounts to an unconstitutional search under the Fourth Amendment.
The lawsuit comes as a response to the revelation that Schmidt's car was tracked 526 times between February 19 and July 2, while Arrington's vehicle was recorded 849 times over a similar period. The city of Norfolk has entered into a $2.2 million deal with Flock Safety, the largest provider of license plate readers in the United States, to run 176 automatic license plate readers (ALPRs) through 2027.
Flock Safety, initially a security startup, has expanded its product offering beyond license plate data collection. The company asserts that courts have consistently ruled that their license plate readers do not violate the Fourth Amendment. However, the exact founding date of the company is not specified in the provided search results.
The company argues that their technology takes point-in-time photos of cars in public and cannot continuously track individuals. Yet, the plaintiffs argue that the frequent logging of drivers' locations constitutes a breach of privacy. Drivers often remain unaware of the amount of information collected by license plate readers, a fact that the lawsuit highlights.
The Norfolk Police Department and the city have not commented on the matter, referring reporters to the city. A city spokesperson declined to comment, citing ongoing litigation. Flock Safety is a private company that supplies surveillance technology, including drones and gunshot detectors.
The lawsuit is not an isolated incident. Over 1,000 businesses have subscribed to Flock's technology, demonstrating the widespread use of such surveillance methods. As the debate on privacy and security continues, this lawsuit serves as a significant point of contention in the ongoing discussion.
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