AI Surveillance and Facial Recognition: Are Your Rights at Risk in South Florida?

As law enforcement agencies across Miami-Dade and Broward counties adopt new surveillance technologies, criminal defense attorneys are facing a new frontier: artificial intelligence and facial recognition. While these tools are marketed as efficient crime-fighting solutions, they often raise serious concerns about accuracy, misidentification, and constitutional rights.

At the Law Office of Francisco Marty,/a> we stay at the forefront of these legal developments to challenge unjust arrests based on faulty tech and protect the civil liberties of our clients.

What Is AI Surveillance?

AI surveillance refers to the use of artificial intelligence to analyze camera footage, track movements, identify faces, scan license plates, and flag suspicious behavior. These tools are now being used in:

• Public transportation hubs
• Traffic intersections and toll roads
• Retail centers and public events
• Police investigations relying on footage from private or public cameras

Miami law enforcement increasingly partners with tech vendors to use facial recognition software and data analytics to make arrests or link suspects to a crime scene.

The Risks of Facial Recognition in Criminal Cases

While facial recognition may sound high-tech, it’s far from foolproof. Studies have shown these systems are particularly prone to bias and misidentification, especially with darker skin tones, younger individuals, and certain angles or lighting conditions.

Common issues include:

• False positives leading to wrongful arrest
• Low-quality camera footage being used as the sole source of ID
• Outdated or mismatched databases linking innocent people to prior incidents
• Lack of human oversight before acting on algorithmic results

In South Florida’s diverse population, these risks are even greater — and can lead to serious legal consequences.

How AI Is Being Used in Miami Arrests

• License Plate Readers (LPRs) tracking vehicles near crime scenes
• Predictive policing tools identifying “high-risk” neighborhoods or individuals
• Social media monitoring using keyword alerts or facial matches
• Smart city integrations where cameras and traffic data feed directly into police databases

While these tools are being promoted as solutions to reduce crime, they often collect mass data without consent or oversight — raising concerns about privacy rights and due process.

Your Rights When AI Is Involved

Even if law enforcement uses AI tools, your rights remain protected:

• You have the right to know how you were identified
• You can request documentation on how surveillance data was used
• You can challenge the admissibility of AI-generated evidence in court
• You have the right to cross-examine expert witnesses about the software’s accuracy and reliability

At Francisco Marty’s office, we file motions to suppress evidence when facial recognition or surveillance footage lacks credibility or was collected without proper legal justification.

Real Case Example: AI Misidentification

A South Florida client was arrested after a facial recognition scan “matched” him to a suspect in a robbery. Our investigation revealed that the software had confused him with another individual with a similar build and facial features — but from another city. We challenged the AI’s credibility and had the charges dismissed.

The Bottom Line: Technology Isn’t Always Justice

As AI tools become more common in Miami’s criminal justice system, it’s critical to work with a defense attorney who understands the legal, technical, and constitutional implications of these systems.

Was AI used to build a case against you? Don’t face it alone.
Contact Francisco Marty today for a confidential consultation and let us evaluate the evidence — including AI surveillance and facial recognition — to protect your rights and your freedom.