The Authentication Conundrum: The Ground is Shifting
Given the proliferation of high-quality AI generated and altered real images, detecting images that lack authenticity is getting more challenging. It was not always this way. Until relatively recently, AI generated imagery involving people as subjects was easily detectable because of obvious body morphology anomalies such as extra limbs, fingers, toes, and improbable...
Crying “Fake News!” Does Not Make It True
It is increasingly common for the prosecution to rely upon image-based evidence in criminal prosecutions. This evidence may take the form of videos derived from CCTV, smartphones, body worn cameras, and in-car cameras, as well as still images. Occasionally, the defence will also tender image-based evidence as part of their case. What happens...
Smartphone Video: Is Failure to Seize the Device Fatal to Admissibility?
Ideally, when witnesses record a video of an event on their smartphone, they would give their device to the police so that the video could be examined and exported in a forensically sound manner. What are the consequences when that does not occur? Are the police required to seize the smartphone that was...
Validating Forensic Tools, Output Images, and Other Data
Forensic video technicians and analysts utilize various hardware and software tools to acquire, interrogate, interpret, and present image-based evidence in the courtroom. When presenting their evidence in court, technicians and analysts must be able to justify their reliance upon their chosen tools and must be able to articulate why the court should have...
CCTV Video Authentication Case Study: Did the Prosecution Do Enough?
CCTV surveillance video is often relied upon by the prosecution to establish essential facts in a case. To achieve admissibility, counsel for the prosecution must lead sufficient authentication foundation evidence. If the defence takes issue with the evidence led, they can argue that the prosecution has not met its burden. This case summary...
Opposing Experts Diverge on Video Authentication: Case Study
An interesting surveillance video authentication case involving opposing experts found its way to the Appellate Division of the Superior Court of New Jersey. This article reviews the facts that were considered by the trial judge, the expert evidence presented, the authentication ruling of the trial judge, and the appellate review of that ruling....
Best Practices for Obtaining Video Evidence from DVRs, Smartphones, and Other Devices
In an ideal world, the people who recover video evidence from devices for legal purposes would be fully conversant with how to perform this task in a forensically sound manner so that all parties and the court could benefit from the value of the images. In the real world, this approach is neither...
Police Record CCTV Monitor – Authentic Enough?
There are occasions when investigators are unable to export an original video recording from the DVR and therefore use a video camera to record the CCTV monitor as it plays the relevant video. This less-than-ideal solution for video capture makes forensic video analysts bristle and opposing counsel cringe. What does the law say...
Case Study: Social Media Video Ruled Inadmissible
Social media sites have provided both benefits and challenges to investigators, counsel, and the court. The benefits they can provide are manifold. The amount of communication that is conducted through social media platforms is staggering, largely relegating voice communication via telephone a place in the history books. Many people who use social media...
The Silent Witness Theory for the Admission of CCTV Video Evidence is Alive and Well: Case Examples Presented
Video evidence does not gain admission simply because counsel tenders it for entry at trial. It must be supportable under either the illustrative evidence theory or the silent witness theory. Both theories are long-standing common law tests used to regulate the admission of video evidence in the courtroom. Under the illustrative evidence theory,...