Montana Code 44-15-106. Use of facial recognition technology by law enforcement — when permitted — restrictions on use — warrant required
44-15-106. Use of facial recognition technology by law enforcement — when permitted — restrictions on use — warrant required. (1) The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations.
Terms Used In Montana Code 44-15-106
- Department: means the department of justice. See Montana Code 44-15-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facial recognition technology: means the use of facial identification or facial verification. See Montana Code 44-15-103
- Law enforcement agency: means :
(a)an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and
(b)an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest. See Montana Code 44-15-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Serious crime: means :
(a)a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or
(b)a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a). See Montana Code 44-15-103
(2)The department of justice or a local law enforcement agency may perform a search using facial recognition technology and may obtain, retain, possess, access, or use the results of a search using facial recognition technology, as provided in subsection (3), for the purpose of:
(a)investigating a serious crime when there is probable cause to believe that an unidentified individual in an image has committed, is a victim of, or is a witness to a serious crime;
(b)assisting in the location or identification of a missing or endangered person; or
(c)assisting in the identification of a person who is deceased or believed to be deceased.
(3)Except as provided in subsection (5), a law enforcement agency shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2).
(4)A law enforcement agency shall obtain a court order authorizing the use of facial recognition technology for the sole purpose of locating or identifying a missing person or identifying a deceased person under subsections (2)(b) and (2)(c). A court may issue an ex parte order under this subsection if a law enforcement agency certifies and the court finds that the information to be obtained is likely relevant to locating or identifying a missing person or identifying a deceased person.
(5)(a) A law enforcement agency may perform a search under subsection (2) using facial recognition technology prior to the issuance of a warrant if there is an emergency posing an imminent threat to a person. If an emergency exists under this subsection (5)(a), the law enforcement agency shall obtain a warrant within 24 hours of the search.
(b)The use of facial recognition technology must terminate immediately if the application for a warrant under subsection (5)(a) is denied.
(6)A law enforcement agency may not use the results of facial recognition technology as the sole basis to establish probable cause in a criminal investigation. The results of the use of facial recognition technology may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.
(7)A law enforcement agency may not use facial recognition technology to identify an individual based on a sketch or other manually produced image.
(8)A law enforcement agency may not substantively manipulate an image for use with facial recognition technology in a manner not consistent with the facial recognition technology provider’s intended use and training.
(9)When using facial recognition for identification of an individual, the department or local law enforcement shall employ meaningful human review prior to making an adverse final decision.