Tamar Lerher on Facial Recognition Evidence in NJ Courts: State v. Miles and the Right to Discovery
How reliable is facial recognition technology in criminal investigations, and what information must prosecutors disclose when that technology helps identify a suspect?
In this episode of the New Jersey Criminal Podcast, Deputy Public Defender Tamar Lehrer examines the New Jersey Supreme Court's consideration of facial recognition technology (FRT), criminal discovery, and the constitutional implications of technology-assisted suspect identification.
At the center of the discussion is State v. Tibere Miles, a case arising from a Jersey City shooting investigation involving surveillance footage, a confidential informant, an Instagram identification, and a subsequent facial recognition search.
Lehrer explores how investigators use facial recognition software, why a potential match is not necessarily a reliable identification, and what defense attorneys need to know to meaningfully challenge technology-generated evidence.
Topics discussed include:
How facial recognition technology is used in New Jersey criminal investigations.
The role of confidential informants and surveillance video in suspect identification.
Why facial recognition results can produce multiple possible matches.
Criminal discovery obligations when prosecutors rely on facial recognition evidence.
The defense's ability to examine the technology, procedures, and underlying identification process.
The broader implications for due process, evidence reliability, and wrongful convictions.
Why This Matters
As law enforcement increasingly relies on artificial intelligence and automated identification tools, New Jersey courts face important questions about transparency, reliability, and defendants' rights.
This conversation examines the intersection of emerging technology and established criminal procedure, with practical implications for criminal defense attorneys, prosecutors, investigators, and anyone interested in the future of digital evidence.
Listen to the New Jersey Criminal Podcast for legal analysis and conversations with attorneys examining criminal law, constitutional protections, and significant developments in New Jersey's justice system.
This podcast is for educational and informational purposes only and does not constitute legal advice.
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