Facial recognition technology is increasingly being used by law enforcement agencies as an investigative tool, creating significant new challenges for criminal defense attorneys. Although facial recognition may play an important role in identifying a suspect or developing probable cause, attorneys may receive limited information about how a facial recognition search was conducted, what database was searched, how potential matches were generated, or how investigators relied upon the results. Understanding the technology and its limitations is therefore becoming an increasingly important component of effective criminal defense practice.
In this CLE, Kaitlin Roll provides criminal defense practitioners with a practical introduction to how facial recognition technology is used in law enforcement investigations. The program will examine the basic operation of facial recognition systems, how images are compared and potential candidates are identified and the limitations that can affect the reliability and significance of a facial recognition result. Participants will also explore why the use of this technology may be difficult to identify, investigate, and meaningfully challenge during criminal litigation.
In this CLE, Kaitlin will:
* Explain the basic operation of facial recognition technology and its use in criminal investigations
* Identify limitations and reliability concerns associated with facial recognition searches and results
* Recognize when facial recognition technology may have influenced an identification or law enforcement investigation
* Develop strategies for obtaining and evaluating information concerning law enforcement’s use of facial recognition technology
* Analyze potential challenges and litigation strategies in criminal cases involving facial recognition evidence
* Apply practical defense strategies when investigating and litigating cases involving facial recognition technology
The program will address the practical problems defense attorneys encounter when facial recognition technology contributes to an investigation or identification. Participants will consider how to investigate the government’s use of facial recognition, identify information that may be important to the defense, evaluate the technology’s role in the investigative process, and recognize potential weaknesses that warrant further examination. The course will also discuss obstacles attorneys may encounter when seeking information about the technology and developing a record that permits meaningful scrutiny of its use. Drawing upon extensive criminal defense and facial-recognition litigation experience, Kaitlin Roll will provide practical guidance for incorporating these issues into defense strategy.
Participants will learn creative litigation approaches and concrete steps for handling cases involving facial recognition, with an emphasis on looking beyond the apparent certainty of a technological “match” and critically examining how the technology influenced the investigation and prosecution. Kaitlin Roll is a criminal defense attorney with more than a decade of experience representing people charged with crimes in New York. She recently co-founded Redirect Law, PLLC. with Pamela Itzkowitch.