What to Do If Police Say Facial Recognition Matched You to a Crime

Imagine this: you’re going about your normal day when suddenly the police show up at your door. They say facial recognition software matched your face to a crime scene photo, and now you’re under investigation (or even under arrest).

If this happens to you, you’ll probably be shocked, confused, and maybe even terrified. You know you didn’t do anything wrong, but how do you prove that an algorithm is wrong?

Facial recognition isn’t foolproof, and it’s already led to false arrests. Even in Maryland, where laws are evolving to regulate how police use this technology, there are real risks if the system gets it wrong.

So, if police tell you that facial recognition software matched you to a crime, here’s what you need to know and how you can protect yourself.

What is facial recognition, and how are police using it?

Facial recognition is a type of artificial intelligence that scans photos or videos and tries to identify people based on their facial features. Police can use this tool to compare unknown faces (think images in security footage or witness photos) to a database of known images, like mugshots or driver’s license photos.

In Maryland, law enforcement agencies that may rely on facial recognition tools at the local, state, and federal levels, include:

• Maryland Coordination and Analysis Center (MCAC)
• Local police departments

Officers often use facial recognition as an investigative lead, not as the sole reason for arrest, but that doesn’t mean mistakes don’t happen. There have already been wrongful arrests around the country based solely on bad matches.

Why facial recognition isn’t always reliable

Facial recognition technology might seem high-tech and trustworthy, but it’s far from perfect. In fact, studies have shown the software has serious flaws, especially when it comes to people of color.

Some of the biggest problems include:

1. Racial bias

Facial recognition has been shown to misidentify Black and Brown individuals at much higher rates than white individuals. That means if you’re a person of color, your chances of being falsely identified are higher, and the risk of wrongful arrest increases.

2. Poor image quality

If the source image is blurry, taken in low light, or shows someone partially turned away, the software can easily make mistakes. It might pick the closest match it can find, even if it’s far from accurate.

3. Database issues

Some systems pull images from unreliable sources, including outdated arrest records or scraped social media photos. The algorithm may compare your face to millions of images without context, increasing the chance of a false match.

4. Human error

At the end of the day, a person has to interpret the match. And just like facial recognition software, people can make mistakes, especially if they’re under pressure to close a case.

What Maryland law says about facial recognition

In Maryland, the legal system is just starting to catch up with the use of facial recognition in policing. While there’s no statewide ban, there are growing concerns about how the technology is used and how it affects your rights, and new laws are officially in force.

Here’s what you should know:

1. Facial recognition can’t be the only evidence

Law enforcement usually needs additional evidence beyond a facial recognition match to make an arrest or charge someone. That could include eyewitness testimony, surveillance footage, forensic evidence, or confessions.

2. You have a right to challenge it

If you’ve been charged based on a facial recognition match, your defense attorney can challenge that evidence. That might include:

• Questioning the technology’s accuracy
• Requesting information about the software used
• Demanding access to the original images and comparison methods
• Arguing that the identification was unreliable or biased

3. Lawmakers are pushing for stricter rules

Across the U.S. (and here in Maryland), lawmakers are considering tighter regulations on facial recognition. Some jurisdictions have already banned police use of the technology entirely, while others are pushing for warrants or judicial oversight before it can be used. Maryland’s laws limit where and how facial recognition technology can be used, as well as where images can be sourced.

What should you do if the police say you were identified by facial recognition?

If you’ve been contacted, questioned, or arrested because of a facial recognition match, don’t panic, but don’t try to handle it alone, either.

Here’s what to do to protect yourself:

1. Stay silent until you have a lawyer

You have the right to remain silent, and you should use it. Don’t try to explain, argue, or talk your way out of anything. Even saying “That’s not me” can be used against you later.

Tell the police, “I want to speak to a lawyer.” Then say nothing else.

Even if you’re innocent, cooperating without legal guidance can make things worse.

2. Hire an experienced criminal defense attorney

Your lawyer must understand both Maryland criminal law and the flaws of facial recognition technology. Some ways an experienced attorney can help include by:

• Requesting detailed information about the facial recognition match.
• Challenging the evidence in court.
• Investigating whether your rights were violated.
• Building a defense based on facts, not faulty software.

3. Gather your own evidence

If you have an alibi, witnesses, or receipts showing you weren’t near the crime scene, give that information to your lawyer. If you were somewhere public, check for surveillance cameras that may have recorded you.

The more solid evidence you have, the easier it is to challenge the facial recognition match.

Can you sue for a false match or wrongful arrest?

Possibly. If facial recognition leads to a wrongful arrest or unjust charges, and especially if you’re held without probable cause, you may be able to file a civil rights lawsuit against the agency or officers involved. Note that this isn’t automatic, there are strict time limits, and it’s not an easy process.

Facial recognition and your future

Even if you’re never convicted, being accused of a crime based on facial recognition can still:

• Damage your reputation
• Affect your job or education
• Show up in background checks
• Create long-term emotional and financial stress

That’s why it’s so important to take the charge seriously, even if you know it’s based on bad information.

Don’t let an algorithm decide your future

At Carey Law Office, LLC, we know how dangerous it is when flawed technology is treated as fact. We understand how to challenge shaky evidence, bad matches, and weak investigations. If police say facial recognition software identified you, don’t try to fight it alone. Contact us today.