Law enforcement agencies use facial recognition technology (FRT) to assist in identifying unknown people—suspects, victims, witnesses, and others—captured on video or in photos. It has become a widespread investigative tool, despite issues with reliability and inconsistencies in how it is used by law enforcement. The below document explains the technology in more detail and walks through some potential arguments for attorneys challenging facial recognition evidence in their cases. If you are looking for more information, or assistance with FRT in a case, contact us at 4ac@nacdl.org. 

Facial recognition technology, an identification tool that is widely used by law enforcement, is also sometimes promoted as a tool to exonerate the innocent or otherwise support criminal defense. This advisory provides a brief overview of the issues arising from law enforcement use of facial recognition and identifies various concerns that defense attorneys should take into consideration before using facial recognition tools.

This document provides a brief explaination of facial recognition and a list of things to request in disovery on facial recognition. If you file a motion using this information, please reach out to Clare Garvie (cgarvie@nacdl.org) for tracking purposes. 

This Litigation Manual was developed by NACDL’s Criminalization of Reproductive Health Task Force to serve as a comprehensive resource to effectively litigate abortion cases. As the nation’s preeminent criminal defense bar, we are deeply committed to ensuring that the defense community is fully equipped to represent all accused persons at the highest level. This resource is restricted to defense attorneys. It is not to be used by those employed by prosecution or law enforcement organizations or otherwise involved in the prosecution of criminal cases or law enforcement. [Released Nov. 2023]

Prepared by Ellen Yaroshefsky for for the NACDL Post-Dobbs Defender Skills Summit in July 2023