Virginia Police Cameras Logged Driver 526 Times in Four Months

The use of automated license plate readers (ALPR) by police in Norfolk, Virginia, has raised significant privacy concerns after local residents revealed that their movements were tracked extensively by the technology. Over a four-month period, two individuals, Lee Schmidt and Crystal Arrington, discovered they had been logged by the cameras 526 and 849 times respectively, prompting a lawsuit aimed at understanding the implications of such surveillance.

ALPR systems have been in use by law enforcement for over two decades, as noted by the U.S. Department of Homeland Security. These systems utilize cameras and software to automatically record vehicle activity. Recent advancements in technology, particularly in machine learning and artificial intelligence, have enhanced the capabilities of these systems. The cameras, often mounted above traffic lights, continuously monitor and track vehicles, creating detailed records without the need for warrants or probable cause.

In Norfolk, the police department has implemented a $2.2 million contract with Flock Safety, an AI startup specializing in surveillance technology. In 2023, more than 170 cameras were installed throughout the city. The local police chief remarked that it would be challenging to drive any distance in Norfolk without encountering one of these ALPR cameras.

As these systems collect data, they not only capture license plate numbers but also gather information about the vehicles, such as their make, model, and color. This process, referred to as “Vehicle Fingerprint Technology,” results in the creation of a comprehensive profile for each vehicle, allowing law enforcement to track movements across the city.

The Institute for Justice, a non-profit law firm, has raised alarms about the potential violation of the Fourth Amendment, which is designed to protect citizens from unreasonable searches and surveillance. The organization argues that the pervasive monitoring enabled by these systems could lead to a surveillance state, as residents are tracked without justifiable cause.

Schmidt and Arrington, represented by the Institute for Justice, initiated legal action to uncover more about the implementation of ALPR technology in Norfolk. Court records reveal that Schmidt’s vehicle was logged 526 times between February and July 2023, while Arrington experienced even higher scrutiny with 849 logs. A third plaintiff in the case was logged over 14 times in just six-and-a-half hours.

The lawsuit is part of a broader initiative called The Plate Privacy Project, aimed at addressing the implications of mass surveillance. Concerns extend beyond constitutional violations; there is also fear that the data collected could be misused or leaked. Instances of such misuse have already been reported. In 2024, a police chief in Sedgwick, Kansas, admitted to using a license plate system to track his ex-partner and her new boyfriend, logging their movements 228 times over a four-month period.

The potential for abuse is significant, as the extensive data collected by ALPR systems can be used to profile individuals, revealing their destinations and social interactions. With thousands of police departments across the United States utilizing Flock’s technology, the worry grows regarding how this information might be exploited.

In light of these developments, the legal battle surrounding the Norfolk ALPR system could set important precedents for privacy rights and surveillance practices in the United States. As technology continues to advance, the balance between public safety and individual privacy becomes increasingly precarious.