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MyraB
MyraB, Lawyer
Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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I had a preliminary hearing today to answer for the charges

Resolved Question:

I had a preliminary hearing today to answer for the charges of battery on a police officer and resisting arrest. The Judge would not allow any of the video or audio evidence in because she said I had not established any foundation, How do I establish a foundation and get my video and audio evidence introduced
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Relist: I prefer a second opinion.
Expert:  MyraB replied 1 year ago.

Hello and thank you for your question.

Generally, to lay a foundation for video and/or audio evidence you need to identify where, when and how it was obtained and that it is a true and accurate recording and a true and accurate depiction of events. You can do this through testimony. If you obtain the recording through a keeper of the records subpoena into court, you still need to establish that it is a true and accurate depiction of events through testimony.

An example of laying a foundation for a videotape can be found here on p. 5 http://www.ncids.org/Defender%20Training/2008%20Spring%20Conference/SevenStepsAuthenticatingEvidence.pdf

 

Here is a discussion of laying a foundation for audiotape evidence http://expertpages.com/news/sound_recordings_evidence.htm

Please feel free to ask any follow up questions.

Customer: replied 1 year ago.


what about if the recordings were made by me, the accused i videotaped the 2 police officers and animal control officers come into my property and sieze 2 of my dogs and the police never said once that i was under arrest. the video and audio ends before they hand cuff me and beat me in my face while i was face down handcuffed on the ground but enough video and audio is shown that I was shown following the animal control agents advice to get my dogs papers while the police pursued me and beat me down never allowing me to produce my papers on my dogs to show their shots and registration were current . how would I lay a foundation to offer that video and tape into evidence to show a 4th amendment violation ?

Expert:  MyraB replied 1 year ago.

If you made the recording then you will be required to testify to lay the foundation for admission of the evidence. You may attempt to do this by affidavit, but prosecutor or the judge may want to hear testimony so that you can be cross-examined on the issue.

Here is a discussion and step-by-step guide for the admission of a videotape. http://www.videoexpert.com/pdf/gruber165.pdf

 

Basically, you would need to establish that you took the video, that it depicted the scene or incident of that day, that it was the original or a true and accurate copy and had not been altered, and that it depicted information relevant and material to the charge or a defense.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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