Client Win
MTO Secures Favorable Ruling for City of Norfolk in Fourth Amendment Challenge
February 4, 2026
Munger, Tolles & Olson, partnering with the Norfolk City Attorney’s Office, achieved a significant victory on behalf of the City of Norfolk in Schmidt v. City of Norfolk, a lawsuit challenging the City’s use of an automated license plate reader (“ALPR”) system licensed by Flock Safety. On January 27, 2026, the U.S. District Court for the Eastern District of Virginia granted summary judgment in favor of the City, rejecting the plaintiffs’ claims that the City’s use of ALPR technology violates the Fourth Amendment’s restrictions on warrantless searches.
In granting summary judgment, the court concluded that the City’s use of the Flock ALPRs did not invade any reasonable expectation of privacy. The court’s decision resolves all claims against the City and its police department and reaffirms the City’s ability to use technology to protect its citizens.
The MTO team included Martin Estrada, Hailyn Chen, Jonathan Kravis, Justin Raphael, Rose Ehler and Lauren Ross.