Authentication Via Circumstantial Evidence: A Case for Social Media Images
Can a screenshot of a single image from a cell phone video recorded by an unknown person located on an unidentified Facebook account where the video was deleted shortly after uploading be authenticated for use at trial? That was the question a trial court in Maryland (USA) and the appeal court needed to...
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 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....
Authentication of Social Media and Other Videos in Northern Ireland Terrorism Cases
Courts in Northern Ireland have made important admissibility rulings regarding the authentication of videos presented as evidence in terrorism cases. One case addresses the admission of key video evidence when no authentication witnesses were called at all while the second case deals with the admissibility of unsupported video as well as questionable video posted...
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...