The New Jersey Supreme Court has ruled unanimously on the scope of evidence prosecutors must disclose when investigators use facial recognition technology in a criminal case. In State v. Tybear Miles, the court held that defendants are entitled to discovery detailing the specific facial recognition tools used and how they were employed, but are not automatically entitled to proprietary software details such as source code without showing a stronger need. Writing for the court, Justice Lee A. Solomon Fasiciale stated that the extent of required discovery depends on the facts of each case, rejecting a blanket application of previous appellate precedent. The ruling arises from a Jersey City homicide investigation where police conducted a facial recognition search using an Instagram photograph gathered after an informant's tip, leading to first-degree murder and weapons offences charges against Miles. Although investigators subsequently interviewed Miles' sister and former girlfriend, who identified him from surveillance images, court records note that no video captured the shooting and no witness identified him as the gunman.

Background: Facial Recognition in Policing

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