Ala. Admin. Code r. 265-X-5-.06 - Acceptable Investigation Uses

(1) Field Identification (Situational Awareness).

(a) An officer may use a mobile device facial recognition application, regardless of whether the application is connected to a repository, for situational awareness when:

1. an individual consents to have the officer take his/her photograph for the purpose of identification.

2. an officer has reasonable suspicion to believe an individual is concealing his/her identity and the individual committed a crime other than concealing his/her identity.

(i) An officer must first attempt to ascertain the individual's identity by means other than facial comparison, such as requesting identification.

(ii) Nothing in this section is meant to prevent an officer from taking an enforcement action based on the totality of the circumstances and not solely on a Field Identification search result.

3. an individual is unable to provide consent or identification due to physical incapacitation or defect, mental incapacitation or defect, or death, and the officer needs immediate identification to perform lawful duties.

(2) Non-field Searches.

(a) Officers may request a facial comparison search through a repository as an investigative tool to identify suspects, victims, or witnesses when:

1. an individual consents to have the officer take his/her photograph for identification purposes.

2. an officer has reasonable suspicion to believe an individual is concealing his/her identity and to believe the individual committed a crime other than concealing his/her identity.

(i) An officer must first attempt to ascertain the individual's identity by means other than facial recognition, such as requesting identification.

(ii) Nothing in this section is meant to prevent an officer from taking an enforcement action based on the totality of the circumstances and not solely on an Investigative Search result.

3. an officer is attempting to identify an unknown subject based solely on an image captured during a criminal act or an image obtained while investigating a criminal act.

4. an individual is unable to provide consent or identification due to physical incapacitation or defect, mental incapacitation or defect, or death, and the officer needs immediate identification to perform lawful duties.

(b) Only a trained Biometric Examiner may conduct an officer-requested repository comparison search. (See 265-X-5-.08 for training requirements)

1. Biometric Examiners determine whether probe images are suitable for facial comparison and may enhance such images to conduct a facial comparison search.

2. Examiners shall submit their analysis conclusions for peer review before returning the results to the requesting officer.

3. When enhancements are performed on an image, the original image must be preserved.

4. An officer may not take an enforcement action based solely on the conclusion from a Biometric Examiner.

(3) Probable Cause Determination. In making a determination of probable cause, a judge, magistrate, or grand jury may take into consideration a result provided through facial comparison technology. A comparison result may be used when taken together with all other factors for determination of probable cause to issue a search warrant or arrest warrant. A comparison result alone may not be used to find probable cause.

(4) Arrest. An officer may use facial comparison to confirm the identity of an individual when processing that individual for arrest. The mug shot the officer submits as the probe photo will be enrolled in the State Repository.

(5) Other uses. Criminal justice agencies or other user agencies may use facial comparison to record, verify, or approve access to secure facilities or movement of offenders or criminal defendants within secure facilities (e.g., military installations, detention facilities, courthouses, etc.).

Notes

Ala. Admin. Code r. 265-X-5-.06

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 04, January 31, 2023, eff. 3/17/2023.

Author: Maury Mitchell

Statutory Authority: Code of Ala. 1975, § 41-9-620.