Good morning y'all....has anyone had any experience introducing security/surveillance tapes into evidence? Any pointers? Predicates? Thanks in advance!
The standard predicate would apply. Is it authentic, has it been altered, does it fairly and accurately represent what it seeks to portray? Can you identify the voices (assuming it has sound and the voices are important)? Was the equipment working properly?
If you have a store clerk who was present during the robbery, theft, etc., then it is easy. I would guess that if it is a night video when no one was around, you can still put someone on to testify that it is a fair and accurate depiction by virtue of the fact that the cameras and recorders were working properly and that it obviously didn't just insert the defendant's image into the crime scene by some divine fiat.
Suppose you have 2 videos, the first was made by a simple surveillance camera and has no audio track and the second was made by a camcorder that records both video and sound, but the microphone is broken.
Is the camcorder "capable of making an accurate recording" in terms of 38.22 ?
38.22 only deals with custodial interrogation.
WOOOO HOOOO! 100th post!
Well then suppose the microphone was broken on a camera in the jail where a DWI suspect is being interviewed and you still want to use the tape even though there is no audio because it shows the suspect is very sloppy and almost falling down drunk on a walk-and-turn.
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Congratulations, JSH. The first 100 are the hardest.
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