NAPD Virtual Tech Expo 2026

Prosecutors regularly rely on AI e-discovery software, known as technology assisted review (TAR) tools, to sort and prioritize digital evidence. These tools implicate constitutional concerns: they can either risk suppressing or help to surface exculpatory and impeachment evidence that prosecutors must disclose under the Brady due process rule. Yet doctrine, agency guidance, and scholarship offer virtually no direction on this problem. This presentation examines how TAR may affect Brady compliance. Using original computer science simulations, we show that TAR can either hide or help to expose Brady evidence, depending on how it is configured. From these results we derive three recommendations: prosecutors should run TAR separately for inculpatory and exculpatory/impeachment evidence; courts should permit TAR coding of Brady material even when active searching is constitutionally contested; and procurement guidelines should favor flexible classifiers. More broadly, our examination of TAR highlights unresolved tensions in Brady doctrine: whether liability attaches when the prosecution possesses but does not know about exculpatory or impeachment evidence; how Brady interacts with Fourth Amendment privacy protections; and whether Brady should be limited to preventing suppression or expanded into a full duty to assist defense investigations.

As technology advances, the manipulation of digital content has become more sophisticated and accessible than ever. It is now easier to generate or alter photos, videos, audio recordings, and even handwriting, raising critical questions about the integrity of evidence presented in legal proceedings. With the rise of AI-generated content,  we must consider how these advancements can potentially compromise the  reliability of evidence in court.
This presentation addresses the need for legal professionals to understand and respond to the challenges posed by AI manipulation. We will explore whether our existing authentication rules are sufficient to withstand the complexities introduced by AI-generated evidence.

This panel discussion will cover the creation of Pennsylvania's AI & Emerging Technologies Committee, the committee's work, and the creation of a model AI Policy for PD offices to adapt and use.