. A TACIDS draft policy explores different scenarios that would lead to officers using facial recognition, and, believe it or not, one doesn't require the officer to stop the person at all. In this scenario, they could simply use facial recognition tech on security camera footage or even social media (read: selfies). Especially in a scenario where an officer stops and confronts someone, Fourth Amendment concerns come into play. Think about it: if a cop knows he can simply use his tablet to perform an instantaneous background check, this newfound power would presumably affect how he decides who's a suspect and who's an innocent bystander.
But is this okay? Well, the courts have yet to rule on a case involving police use of facial recognition. Plenty of people don't think so. The Electronic Frontier Foundation (EFF) published a lengthy blog post in response to the Center for Investigative Reporting's feature. In it, the EFF's Jennifer Lynch points to a quote from an Arizona Supreme Court justice who said "[t]he thought that an American can be compelled to 'show his papers' before exercising his right to walk the streets, drive the highways or board the trains is repugnant to American institutions and ideals."