Source: LawGratis

LawGratis examines the contentious use of artificial intelligence for predictive policing, analyzing the legal and constitutional challenges arising from its deployment in 2025. The article highlights that while these tools promise efficiency, they often rely on historical crime data that is inherently biased, leading to the over-policing of minority communities. It argues that reliance on algorithmic "risk scores" to determine patrol routes or identify suspects may violate the Fourth Amendment's protection against unreasonable searches and seizures if "probable cause" is based solely on a statistical probability rather than individualized suspicion.

The post also discusses the evidentiary problems in court, as defense attorneys frequently lack access to the proprietary source code of these predictive tools, preventing them from challenging the validity of the accuser (the algorithm). It calls for a "Brady rule" equivalent for AI, requiring the prosecution to disclose the error rates and training data of any algorithmic system used in an investigation.