Federal Court Upholds Constitutionality of LPR Technology

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          1/27/2026 10:18:19 AM

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From:       Chris at Flock Safety <chris.colwell@flocksafety.com
To:         “Jake”
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Subject:    Federal Court Upholds Constitutionality of LPR Technology
Lieutenant Heinemeyer,
I’m writing to share an important legal update regarding license plate recognition
(LPR) technology following a federal court decision issued today in Schmidt v.
City of Norfolk, a Fourth Amendment challenge involving the City of Norfolk’s
use of LPRs.
The court upheld the constitutionality of license plate reader technology
as used by the City of Norfolk, dismissing the plaintiffs’ claims. This is a
significant ruling. As the judge said,
    “Despite Plaintiff’s counsel’s effective advocacy, the Court must conclude
    that that the limited number of photographs available on a 21-day rolling
    basis from 75 camera track clusters in Norfolk does not ‘track’ the whole of
    a person's movements nor does it provide an ‘intimate’ window into where
    citizens drive, park, visit, linger, sleep, or patronize.”

Importantly, the court’s decision aligns with strong national precedent. It
recognizes key distinctions between license plate reader technology and other
systems that require a warrant, affirming what courts across the country have
consistently found: when used responsibly and lawfully, LPR technology does
not constitute continuous surveillance and is constitutional. The court also left
open the door to future suits on future facts, so we all must remain diligent to
operate LPRs with good policy and within the confines of the law.
For your department, the practical impact is continuity. Law enforcement
agencies may continue to use LPRs - and the associated functionality within
Flock’s system - without a warrant, consistent with existing law and policy. There
is no change to service, operations, or partnership as a result of this ruling.
We recognize the gravity of cases like this and remain deeply committed to
thoughtful, lawful use of LPR technology. Our focus continues to be supporting
public safety agencies with tools that respect constitutional boundaries, reflect
best practices, and stand up to legal scrutiny.
At the same time, we expect the plaintiffs to appeal. And we are prepared to
defend this ruling as the process continues and will keep you informed of any
material developments. As always, we value your leadership and partnership,
and we appreciate the responsibility that comes with deploying these tools in
service of your communities.
If you have questions or would like to discuss the decision in more detail, please
don’t hesitate to reach out.
Respectfully,
Chris Colwell
SVP, Customer Experience
                                          Flock Safety
                               1170 Howell Mill Rd NW, Suite 210
                              Atlanta, Georgia 30318, United States

                      This email was sent to jheinemeyer@ci.benicia.ca.us.

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