Commonwealth v. Church: Virginia appeals court reverses Flock suppression

Commonwealth v. Church, Record No. 0737-25-1 (Va. Ct. App., Memorandum Opinion by Judge Randolph A. Beales, Oct. 14, 2025), unpublished. A criminal case: a Norfolk officer used the Flock database (172 cameras, 30-day retention, as of Jan. 2024) to check the defendant's account of his driving route and confronted him with three Flock images. The Norfolk Circuit Court (Judge Jamilah D. LeCruise) had granted suppression on April 25, 2025 (Case No. CR24000304), relying on her earlier Bell ruling. EFF, ACLU, ACLU of Virginia, and NACDL filed a joint amicus brief supporting suppression on appeal (Sept. 29, 2025), joined by People's Coalition (Legal Aid Justice Center).

The Court of Appeals reversed, holding the Flock system "not as intrusive as" cell towers or aerial surveillance and that no warrant was required. It cites Neal v. Fairfax Cnty. Police Dep't, 299 Va. 253 (2020), and four district courts reaching the same pro-ALPR result, and it criticizes the Bell ruling by name through a quote from United States v. Martin.

How we know: Read directly at trial and appellate level (v3.16). Unpublished opinion.