Inaccurate Face-Recognition Match Leads to Wrongful Arrest in Florida

A Florida man was wrongfully arrested for attempting to illegally lure a child after police relied on a face-recognition match that was inaccurate, according to a lawsuit filed on Wednesday. Robert Dillon, a 52-year-old commercial crabber from Fort Myers, was arrested after FACES—a face-recognition system operated by Florida’s Pinellas County Sheriff's Office—matched his face against a photo of a man on a computer screen taken with a cell phone. The system returned a “93 percent match on facial features,” according to police-investigatory notes.

The scores emitted by FACES represent how much two images look alike to the algorithm, not how likely it is that they show the same person. FACES holds tens of millions of Florida mug shots and driver's license photos and is one of the longest-running police face-recognition databases in the United States. The American Civil Liberties Union, which filed the suit, says Dillon was arrested at his home in front of his wife, held overnight in a cold cell, and transported in a caged, unlit van.

He pledged the title to his truck to make bond. The arrest came during peak stone crab season, causing him to fall behind on rent and nearly lose his home. His mug shot stayed online for nearly a year, removed from the county website only after a TV reporter intervened.

The incident took place shortly before midnight on November 2, 2023, at a McDonald's in Jacksonville Beach, where a man allegedly approached a girl under 12 and repeatedly asked her to leave with him. A manager at the McDonald's told investigators the suspect was a “regular customer” she had seen there multiple times. According to the complaint, Dillon had never visited Jacksonville Beach, living hundreds of miles away.

A Jacksonville Beach police officer assigned to the case sent an attempt-to-identify bulletin to surrounding agencies later that November using cell phone photos of the McDonald’s surveillance footage. A sergeant with the Jacksonville Sheriff's Office (JSO) ran the images through FACES and sent back the “93 percent match” to Dillon's name. The investigating officer then requested a search of license plate readers for two vehicles registered to Dillon, covering the days around the incident.

Neither turned up anywhere in the county, according to the complaint, which says the results were omitted from the warrant application. Six months passed with no further investigation, the complaint says. In July 2024, the officer submitted the warrant.

A judge signed it, and Dillon was arrested the following month. He retained a criminal defense attorney and, that October, pleaded not guilty. The State Attorney's Office dropped all charges a few weeks later.