"Oh dear, since there is currently no governmental regulation around the use facial recognition, the police can, technically, use it however it wants."
And anybody who erroneously gets arrested based on the flawed technology can (and will!) sue the department which made the mistake of using a clearly not-ready-for-prime-time system.
Of course, it'll be settled out of court. Probably with a high six figure or low seven figure payout, depending on the law firm retained. Throw in a non-disclosure agreement, so it never gets picked up by the press. Lather, rinse, repeat. Lovely use of your local tax dollars, citizens. Going to get off your fat asses and say anything about it?