Most department searches go through the Northeast Ohio Regional Fusion Center, an inter-agency intelligence group that uses a software program made by Clearview AI to identify a person who appears in a surveillance video.
Last year, Cleveland police went through the fusion center to obtain a report generated by Clearview AI while pursuing a murder investigation. That report was used to justify a search that a Cuyahoga County judge later discarded after defense attorneys argued an affidavit supporting the search warrant was misleading and relied on inadmissible evidence.
Cuyahoga County prosecutors are appealing Judge Richard McMonagle’s decision in the case of Qeyeon Tolbert, who is accused of killing Blake Story in February 2024.
As a result of McMonagle’s decision, the gun police believe was the murder weapon can’t be used at trial, jeopardizing the case. The matter is before the 8th Ohio District Court of Appeals.
Clearview AI advertises its usefulness in law enforcement investigations but warns users that its facial recognition matches are not admissible in court. Its technology has proven controversial, as the company settled several federal lawsuits in June from people who argued the company violated their privacy rights.
Cleveland police have used artificial intelligence reports in several investigations, but it has no policy governing its use.
The center’s policy, one of the few in the region, is dated January 2024 and says that facial recognition can only be used for “official law enforcement or homeland security purposes,” the policy states. Some examples include assisting ongoing investigations, stopping imminent threats and identifying witnesses or victims of violent crimes.
For the fusion center to use facial recognition technology, its employees must receive specialized training and agree to follow the center’s policy.
The fusion center is barred from using facial recognition technology to search for people based on their religion, race and gender. Its policy also says its facial recognition reports are meant only to generate leads and cannot be used as probable cause.
Facial recognition reports are a public record, but police can withhold them if they interfere with an ongoing investigation or would “endanger the health or safety of an individual, organization or community” if released.
The policy sets up a process for dealing with complaints alleging misuse of facial recognition technology and calls for audits, but it does not specify how often those must be done.
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