OK to Use Evidence Indirectly Obtained Using Facial Recognition Software
From People v. Reyes, decided last week by Justice Mark Dwyer (N.Y. trial ct.); seems quite right to me:
Defendant Luis Reyes is charged with Burglary in the Second Degree and related offenses. Defendant moves to preclude trial testimony stemming from the use of facial identification software to identify the perpetrator of the crime in question. Not in issue here is that the burglar could be seen in crime scene videos. The case detective was able to recognize defendant as that individual after he examined a police file containing photographs of defendant.
Defendant’s complaint is that the detective retrieved that file because of an earlier “hit” on defendant obtained by analyzing the crime scene videos with facial recognition software. Defendant asks the court to “preclude the People’s use of the results of any use of NYPD’s facial recognition software.” …
For current purposes the court assumes these facts. On September 29, 2019, defendant committed a burglary at 507 West 113th Street in Manhattan, entering a mail room there to steal packages. Defendant’s actions were recorded by security cameras. The detective assigned to lead the investigation obtained the videos. He made stills from them and sent those stills to the NYPD Facial Identification Section (“FIS”) for analysis.
Using facial recognition software, the FIS
Article from Latest – Reason.com