New Jersey Court Orders Facial Recognition Disclosure in Criminal Cases

Insider NJ’s Morning Intelligence Briefing: 6/25/2026 - Insider NJ

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New Jersey court limits secrecy around police use of facial recognition tools

New Jersey's top court ruled on Wednesday that state prosecutors must disclose basic information about the identity and use of facial recognition technology in criminal cases, in a closely watched case addressing an expanding police tool whose reliability has been questioned.

State v. Miles

Police in Jersey City investigated a fatal shooting and, after receiving information from a confidential informant who identified two people by their nicknames and social media handles from surveillance footage, conducted a facial recognition technology (FRT) search using an Instagram profile photo. This search returned several possible matches, including the defendant. The police then interviewed several individuals, such as the defendant’s sister and ex-girlfriend, who identified the defendant from other surveillance images, but no witness identified him as the shooter or saw the shooting occur. Multiple men were present in the footage, and no video captured the shooting itself. After indictment for murder and weapons offenses, the defendant moved to compel discovery of various FRT-related materials, including proprietary information like the source code, relying on State v. Arteaga. The Superior Court, Law Division, granted the request for all thirteen items previously allowed in Arteaga. The State provided some limited FRT results but not all requested information, especially proprietary materials. The State then sought review from the Appellate Division, which denied leave to appeal, finding no abuse of discretion in the trial judge’s order and applying Arteaga.

Top court orders disclosures in NJ cops' use of facial recognition technology

New Jersey Supreme Court Justice Douglas Fasciale in a unanimous decision in a Jersey City murder case said prosecutors must provide defense attorneys with info on facial recognition software used to identify the suspect. (Photo by Dana DiFilippo/New Jersey Monitor)As police increasingly rely on a controversial investigative tool called facial recognition technology to identify crime suspects, New Jersey’s top court gave defense attorneys a win …

Top court orders disclosures in NJ cops’ use of facial recognition technology

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