[JohnFen]

Face recognition (even by humans), particularly with CCTV data, has a very high rate of false positives. You might be able to make the case that the fact that your phone wasn't there is evidence that the image isn't really you.

[spurgu]

Except that footage of someone recognized as you walking out of your own apartment might be hard to refute.

Plus I only see face recognition (and CCTV quality) getting better over time. Unfortunately.