DeFlock | HaveIBeenFlocked | Eyes On Flock

Current Events

Active court cases, legal challenges, and breaking developments in the fight over Flock Safety and LPR surveillance technology across the United States.

Case Status:
Active / Ongoing
Appeal Pending
Ruled — Pro-Surveillance
Ruled — Pro-Privacy
Overturned
Filed October 2024 · Ruled January 27, 2026
Schmidt v. City of Norfolk
U.S. District Court, Eastern District of Virginia
⚖ Appeal Pending

Norfolk residents Lee Schmidt (a retired Navy veteran, tracked 526 times in 4 months) and Crystal Arrington (tracked hundreds of times) filed suit against the City of Norfolk over its network of 176 Flock Safety ALPR cameras. Represented by the Institute for Justice, the plaintiffs argued the warrantless mass surveillance violated the Fourth Amendment. In February 2025, the court denied Norfolk's motion to dismiss — a significant early victory for privacy advocates. However, on January 27, 2026, just days before a scheduled bench trial, Judge Mark Davis ruled against the plaintiffs, finding that Norfolk's system does not yet constitute tracking "the whole of a person's movements."

Current Status Ruled in favor of Norfolk. Plaintiffs and the Institute for Justice have announced they will appeal. The judge himself acknowledged: "ALPR surveillance could become too intrusive... at some point." This case is headed to the 4th Circuit Court of Appeals.
Institute for Justice Plaintiffs: Schmidt & Arrington Defendant: City of Norfolk Flock Safety cameras
Filed October 3, 2025 · Ongoing
California v. City of El Cajon
San Diego County Superior Court, California
🔴 Active

California Attorney General Rob Bonta filed suit against the City of El Cajon after its police department repeatedly violated California SB 34 — a state law prohibiting the sharing of ALPR data with out-of-state or federal agencies. Despite multiple warnings, El Cajon continued sharing Flock Safety data with agencies in over 26 states, including Alabama, Arizona, Florida, Georgia, and Texas. The AG warned this puts immigrants, abortion patients, protesters, and other vulnerable Californians at serious risk. In November 2025, the AG filed an additional motion pressing the court for enforcement. El Cajon's mayor called the lawsuit "purely political."

Current Status Active litigation in San Diego County Superior Court. The AG is seeking a court order declaring El Cajon's data sharing unlawful and compelling the city to stop. A parallel private class-action lawsuit was also filed in San Francisco by two California drivers against Flock Safety directly, alleging the company enabled unauthorized access by federal and out-of-state agencies across hundreds of California databases.
CA Attorney General Rob Bonta Defendant: City of El Cajon Flock Safety data
Ruled 2024
Commonwealth v. Bell
Norfolk Circuit Court, Virginia
✅ Pro-Privacy (Overturned on Appeal)

A Norfolk Circuit Court judge ruled that accessing Flock ALPR data without a warrant violated the Fourth Amendment. The court found that the collection and storage of license plate and location information by the Flock system constitutes a "search" within the meaning of the Fourth Amendment and requires a warrant. This was a landmark ruling for privacy advocates — the first of its kind against Flock's system.

Current Status This ruling was subsequently overturned by the Virginia Court of Appeals in Commonwealth v. Church (October 2025). It remains historically significant as the only lower court ruling in the country to find Flock data collection unconstitutional without a warrant.
Defendant: Bell Commonwealth of Virginia
Decided October 14, 2025
Commonwealth v. Church
Virginia Court of Appeals
🔴 Ruled Pro-Surveillance

The Virginia Court of Appeals directly reversed the lower court's Bell ruling, finding that Flock ALPR cameras photographing license plates on public roads do not require a warrant. The court held that because the Flock system only photographed vehicles on public thoroughfares, no warrant was required for police to access the data. Flock Safety celebrated this ruling, stating it "eliminates the only adverse decision in the country" related to their LPR technology.

Current Status Final decision. The Bell ruling is effectively nullified. Courts in Virginia, Washington, and federally have now uniformly held that fixed-location ALPR use on public roads does not require a warrant under the Fourth Amendment — as the law currently stands.
Defendant: Church Commonwealth of Virginia
Decided January 29, 2026
State v. Simonson
Washington Court of Appeals (Division III)
🔴 Ruled Pro-Surveillance

Washington's Court of Appeals ruled that a fixed-location ALPR image of a license plate on a public roadway is not a search under the Fourth Amendment or Washington's state constitution. The case arose when a defendant charged with possession of a stolen vehicle sought to suppress evidence obtained through a Flock LPR hit. The court rejected arguments comparing ALPR use to GPS tracking or cell-phone location monitoring, finding that an ALPR observation is equivalent to an officer visually noting a license plate.

Current Status Final decision. Adds Washington state to the growing list of jurisdictions upholding warrantless ALPR use. Notably, the court also addressed evidence retention, as certain LPR images were deleted under a 30-day retention policy — an issue that may resurface in future cases.
Defendant: Simonson State of Washington Flock Safety cameras
Decided November 2025
Public Records Challenge — Skagit County
Skagit County Superior Court, Washington State
✅ Pro-Privacy

The Electronic Frontier Foundation (EFF) challenged municipalities' attempts to keep Flock Safety ALPR data secret from the public. The Skagit County Superior Court rejected local cities' argument that ALPR surveillance data was exempt from public records laws. Cities had claimed data belonged to Flock Safety, not the city — a contradictory argument the court rejected. This ruling ensures the public's right to access information about how these surveillance systems are being used.

Current Status Decided in favor of public access. The ruling means ALPR data collected by Flock cameras in Washington state municipalities is subject to public records requests — a valuable tool for community oversight and transparency advocates.
EFF (Electronic Frontier Foundation) Defendant: Local municipalities
Filed February 2025 · Ongoing
California Drivers v. Flock Safety (Class Action)
San Francisco Superior Court, California
🔴 Active

Two California drivers filed a class-action lawsuit against Flock Safety directly, alleging the company violated California's ALPR Privacy Act by allowing federal and out-of-state agencies to access data from hundreds of California police databases without authorization. The complaint documents that out-of-state agencies searched the San Francisco Police Department's Flock database over 1.6 million times between August 2024 and February 2025. The Mountain View Police Department claims Flock enabled out-of-state access without the department's knowledge or permission.

Current Status Active litigation. Flock Safety stated it "intends to vigorously defend itself." The case seeks to represent all individuals whose license plate data was collected in California and made accessible to unauthorized agencies. Cities including Santa Cruz, Richmond, Mountain View, and Los Altos Hills have shut down Flock cameras or terminated contracts amid these concerns.
California Drivers (Class) Defendant: Flock Safety Inc.

Stay Informed. Stay Protected.

Join our mailing list for updates on court cases, new surveillance systems, local Georgia developments, and actions you can take to protect your 4th Amendment rights.

Click the button below to send us your email address directly — no middlemen, no data brokers, no third-party services.

✉ Subscribe via Email