EssayONLINE EDITION

Facial Recognition Technology and Wrongful Arrests in the Digital Policing Era

Abstract: This Essay examines the use of facial recognition technology (FRT) by law enforcement agencies, the implications of such use, and the disproportionate impact the use has on Black, Indigenous, and People of Color (BIPOC) communities. Law enforcement officers are increasingly using FRT for the purpose of identifying suspects. Essentially, law enforcement officers will take a “still image” of a suspect, upload this image into a database, and find a potential match, which the officers then use to identify an individual. This Essay argues that legislatures must enact law that limits the use of FRT by law enforcement agencies, especially when the agency fully depends on the technology’s identification of a person. This kind of software is biased from its development, particularly in its inability to accurately identify women and BIPOC individuals. Washington State has recently taken the lead by attempting to regulate the use of stingrays and drones and should take the lead once more in further protecting BIPOC communities against the disproportionate and harmful impacts of racially biased and inaccurate FRT. This Essay concludes by proposing legislation for Washington State that would limit the use of FRT by law enforcement agencies.

DOWNLOAD THE FULL ARTICLE

Other Articles from WLR Online

May 1, 2026 in ONLINE EDITION

Modern Privacy, Outdated Doctrine: A Four-Factor Approach to Fourth Amendment Analysis

Abstract: The Fourth Amendment, which protects individuals against unwarranted searches and seizures, has been at the center of many questions recently due to advancements in technology. Technology has evolved to…
Read More
January 5, 2026 in BLOG POST, ONLINE EDITION

From the Crag to the Capital: How the PARC Act Shapes Climbing Access

Shot on 35mm film by Margaret Szeles in Fall 2025 at a sport climbing area in the Pacific Northwest. Roots of American Rock Climbing From “the original dirtbag” Fred Beckey…
Read More
January 1, 2026 in ONLINE EDITION

Time as a Constitutional Constraint: Resolving the Circuit Split on Prolonged Fourth Amendment

Abstract: The Fourth Amendment of the U.S. Constitution states, “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall…
Read More
June 1, 2025 in BLOG POST, ONLINE EDITION

A Dormant (Commerce Clause) Challenge to Washington’s Green Energy Laws?

States have often been the incubators for “novel social and economic experiments without risk to the rest of the country,” as long as courts do not cut down these statutes.…
Read More