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...
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,...
Case Study: Homeowner Authenticates Burglary Video Recordings
A recent appellate decision from Maryland provides a helpful example of how homeowners (and by extension business owners) can be utilized to authenticate video recordings and illustrates who is permitted to express an opinion on the identification of someone shown in the recordings. In Frayne v. State of Maryland, 2021 WL 5358880 (Court of...
Recent Canadian Cases on Image Authentication
Several times a year I conduct a comprehensive search of recent reported case law on topics related to video evidence, forensic video analysis, and pertinent expert witness testimony issues. This provides me with new case law that illustrates how courts are assessing and deciding relevant litigated issues on these topics. This brief article...
Chickens Come Home to Roost When Covert Videos Alleging Animal Mistreatment are Ruled Admissible
Covert video recordings taken at the behest of an animal rights organization provide potentially valuable evidence in a prosecution alleging animal cruelty. In R. v. Elite Farm Services Ltd., 2021 BCSC 1583 (British Columbia Supreme Court), the defence challenged the admissibility of video evidence that the Crown sought to tender at trial. The purpose...
Should Video Recordings of Monitors be Ruled Authentic?
In order to make sound, informed decisions about the content of videos tendered as evidence, it is preferable to have the original recording, or a copy that has been verified to be accurate, available for viewing and examination. Ordinarily, this is achieved by exporting the video files from the camera, DVR, server, computer...
Appellate Ruling on Authentication: Speculation of Impropriety Not Enough
Should video evidence be ruled inadmissible because an expert raises potential concerns regarding its authenticity? Mere speculation is insufficient to dislodge a prima facie showing of threshold authenticity according to the Court of Appeals of Oregon in State v. Sassarini, 300 Or.App 106 (Or.App., 2019), 452 P.3d 457. The Facts A dispute between neighboring property owners...
The Admissibility of Video and Photographs Posted to Social Media: Inconsistent Court Rulings
Video and photographs posted to social media sites often have value for the prosecution. The challenge posed by social media evidence is authenticity and even though the law is quite well established, the application of it varies from case to case. In this article, I will review three US cases with disparate rulings....
Anonymous Videos Used to Take Children Away from Mother in Child Welfare Trial: Colorado Court of Appeals Weighs in on Authentication
In People In Interest of M.V., 432 P.3d 628, 2018 WL 5988705, the Colorado Court of Appeals was asked to review the decision of a trial judge ordering that a mother’s children be adjudicated as dependent and neglected, thereafter imposing a treatment plan for the mother and removing the children from her custody. Central to...