Commonwealth v. Ronnie Church

Brief of the National Association of Criminal Defense Lawyers, American Civil Liberties Union of Virginia, and the Electronic Frontier Foundation as Amicus Curiae in Support of Appellee

Brief filed: 08/28/2025

Documents

Commonwealth v. Ronnie Church

Case No. 0737-25-1

Argument(s)

Prior to conducting an interrogation of Ronny Church, Sgt. J.E. Meyers searched a database to see where he had been that day. Meyers did this to see if he had a “guilty mind” and had driven by the police station prior to his arrest. Meyers accomplished this by searching a nationwide database of license plate scans fed by a network containing over 83,000 cameras (172 in Norfolk Virginia) that constantly track the travel habits of unsuspecting Americans.  

NACDL’s Amicus brief explains the depth and breadth of this nationwide surveillance network and explains how, like Cell Site Location information, accessing this data is a search under the Fourth Amendment. The brief outlines the numbers of cameras and scans in the network as well as the power of the system’s data analytics tools and the danger of their unfettered use by law enforcement. The brief argues that due to their ubiquity, the indiscriminate data collection, retrospective search capabilities, precision and detail, a warrant is required to access the data created by these systems.

Author(s)

Matthew W. Callahan, ACLU Foundation of Virginia; Jennifer Lynch, Electronic Frontier Foundation; Sidney W. Thaxter, NACDL Fourth Amendment Center; Elizabeth Franklin-Best, NACDL Amicus Committee

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