The issue of face recognition algorithms performing worse on dark faces is a major problem. But the other side of it is: would police be more hesitant to act on such fuzzy evidence if the top match appeared to be a middle-class Caucasian (i.e. someone who is more likely to take legal recourse)?
Essentially, an employee of the facial recognition provider forwarded an "investigative lead" for the match they generated (which does have a score associated with it on the provider's side, but it's not clear if the score is clearly communicated to detectives as well), and the detectives then put the photo of this man into a "6 pack" photo line-up, from which a store employee then identified that man as being the suspect.
Everyone involved will probably point fingers at each other, because the provider for example put large heading on their communication that, "this is not probable cause for an arrest, this is only an investigative lead, etc.", while the detectives will say well we got a hit from a line-up, blame the witness, and the witness would probably say well the detectives showed me a line-up and he seemed like the right guy (or maybe as is often the case with line-ups, the detectives can exert a huge amount of bias/influence over witnesses).
EDIT: Just to be clear, none of this is to say that the process worked well or that I condone this. I think the data, the technology, the processes, and the level of understanding on the side of the police are all insufficient, and I do not support how this played out, but I think it is easy enough to provide at least some pseudo-justification at each step along the way.
> The detective turned over the first piece of paper. It was a still image from a surveillance video, showing a heavyset man, dressed in black and wearing a red St. Louis Cardinals cap, standing in front of a watch display. Five timepieces, worth $3,800, were shoplifted.
> “Is this you?” asked the detective.
> The second piece of paper was a close-up. The photo was blurry, but it was clearly not Mr. Williams. He picked up the image and held it next to his face.
All the preceding grafs are told in the context of "this what Mr. Williams said happened", most explicitly this one:
> “When’s the last time you went to a Shinola store?” one of the detectives asked, in Mr. Williams’s recollection.
According to the ACLU complaint, the DPD and prosecutor have refused FOIA requests regarding the case:
https://www.aclu.org/letter/aclu-michigan-complaint-re-use-f...
> Yet DPD has failed entirely to respond to Mr. Williams’ FOIA request. The Wayne County Prosecutor also has not provided documents.
This arrest happened 6 months ago. Who else besides the suspect and the police do you believe reporters should ask for "basic corroboration" of events that took place inside a police station? Or do you think this story shouldn't be reported on at all until the police agree to give additional info?