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>Legg’s affidavit did not disclose that police used facial recognition as part of their identification. He failed to say that Clearview AI issues a disclaimer s

by duxup 2y ago

>Legg’s affidavit did not disclose that police used facial recognition as part of their identification. He failed to say that Clearview AI issues a disclaimer saying its facial recognition reports are not admissible in court, according to testimony. >He also did not indicate that the facial recognition report returned several photos of people other than Tolbert. The affidavit simply says the fusion center matched Tolbert to “the unidentified male suspect, based on recovered surveillance video.” The filing adds that police also conducted interviews in the case, but it does not say who was contacted or the information provided. AI or not it seems like they got caught lying.

caseysoftware 2y ago
I have zero compassion for prosecutors when the State lies. The State has near-limitless resources, therefore they MUST be held to the highest of standards. I'd even be in favor of censuring/firing the investigator involved who left information out of the warrant. Future defense attorneys will be able to bring this up on every affidavit or testimony he gives and some portion of cases will fall apart as a result of this.
- duxup 2y ago
  I agree with the sentiment but Local prosecutors and police do not have limitless resources… poorly used and a lot maybe, but I think people would be surprised what the constraints are.
  - caseysoftware 2y ago
    > Local prosecutors and police do not have limitless resources Technically true but just a lawyer's time (for "free") is significant. Throw in other prosecutors, investigators, etc and it begins to look "limitless". And beyond that, with a gun charge, it could be escalated to the state level pretty quickly. Alternatively, if he illegally possessed it - common if there are drugs - it could qualify for Federal charges. It's up to the prosecutor(s) to decide what the charges are and at what level, therefore they get to decide what resources to expend.

by duxup 2y ago

caseysoftware 2y ago

I have zero compassion for prosecutors when the State lies. The State has near-limitless resources, therefore they MUST be held to the highest of standards. I'd even be in favor of censuring/firing the investigator involved who left information out of the warrant. Future defense attorneys will be able to bring this up on every affidavit or testimony he gives and some portion of cases will fall apart as a result of this.

duxup 2y ago
I agree with the sentiment but Local prosecutors and police do not have limitless resources… poorly used and a lot maybe, but I think people would be surprised what the constraints are.
- caseysoftware 2y ago
  > Local prosecutors and police do not have limitless resources Technically true but just a lawyer's time (for "free") is significant. Throw in other prosecutors, investigators, etc and it begins to look "limitless". And beyond that, with a gun charge, it could be escalated to the state level pretty quickly. Alternatively, if he illegally possessed it - common if there are drugs - it could qualify for Federal charges. It's up to the prosecutor(s) to decide what the charges are and at what level, therefore they get to decide what resources to expend.