Category: Forensic Video Analysis

AuthenticationForensic Video Analysis

Case Study: How a YouTube Rap Video was Used to Convict a Defendant

Video uploaded to social media sites must be authenticated in order to be admissible.  The question of what level of proof is required to meet the authentication requirement was explored recently in United States v. Pettway, 2018 WL 4958962 (United States District Court, W.D. New York). The defendant was convicted by a jury of various...
Forensic Video Analysis

Case Study: Facial Recognition Evidence Premised on Surveillance Video Rejected Due to Unreliability

A recent California case provides yet another illustration of how conclusions premised on the analysis of images obtained from surveillance video must be reached by people who have forensic video analysis training and how it is the role of the court to deny admissibility to unreliable expert evidence.  In State of California v....
Forensic Video Analysis

Case Study: Vehicle Speed Determination Based on Video Evidence Rejected as Being Unhelpful

Determining the speed of motor vehicles involved in collisions is central to virtually all cases where fatalities have occurred.  I have prosecuted countless criminal driving fatality cases wherein speed was integral to determining liability.  While there are cases where vehicle speed cannot be reliably determined, speed can typically be determined from measurements obtained at the...
Forensic Video Analysis

Case Study: Vehicle Speed Determination from Video Evidence – Video Evidence Excluded Due to Unreliability and Failure to Authenticate

State of New Hampshire v. Witty (unreported, November 25/15, New Hampshire Superior Court, Southern District, Docket No. 226-2014 CR-00568) is an interesting case wherein the state sought to lead vehicle speed determination evidence premised on problematic surveillance video without the use of an expert witness.  The defense sought to exclude this evidence.  The...
AdmissibilityAuthenticationForensic Video Analysis

Case Study: Failure to Authenticate Surveillance Video Leads to Exclusion of Evidence

Authentication is a prerequisite for the admissibility of video evidence.  As discussed in several articles on this website, failure by the tendering party to lead sufficient reliable evidence to prove authentication will result in a ruling of inadmissibility.  Such was the case in the May 21, 2018 ruling in State of New York v....
Forensic Video Analysis

A Brave New World?: Authenticating Electronic Evidence and the Impact of FRE Rule 902(14)

In the United States, the Federal Rules of Evidence (FRE) govern many aspects of evidence admissibility in federal cases.  Given that many states have adopted portions of the FRE, the reach of the federal rules is quite expansive.  The requirement for authentication is set out in Rule 901, discussed in an earlier article.  Rule...