NORFOLK, Va. — A new legal challenge claims Norfolk's police surveillance system has gone too far.
Two Hampton Roads residents filed a federal complaint hoping to end the city's use of Flock Safety cameras.
There are more than 170 Flock cameras scattered across Norfolk, stretching from downtown on Granby Street to grocery store parking lots. A new legal challenge filed on Monday contends these cameras violate the U.S. Constitution's Fourth Amendment rights.
The Fourth Amendment protects American citizens from unreasonable searches and seizures by the government. Where the Flock camera challenge comes in, is the concern the Norfolk Police Department can basically create a digital footprint of a person and potentially track all of their movements based on where their car travels.
This lawsuit stems from two local residents, one in Norfolk and one in Portsmouth, who drive by the Flock cameras every day and believe their privacy is at risk. Their lawsuit argues their right to privacy is compromised, even if the intention of the city’s police department is to use it to catch criminals.
"We understand the Norfolk PD has good intentions; they want to reduce crime, solve crimes, and catch criminals," said attorney Michael Soyfer with the Institute for Justice, who filed the lawsuit. "But our constitutional rights don’t work like that. It’s not a balancing test. We have these rights and if there are good intentions behind violating them, it doesn’t matter.”
In a response to the lawsuit, a spokesperson for the City of Norfolk said they do not comment on active litigation, but they stand by the cameras "enhancing" citizen safety while also protecting citizen privacy.
