Unit 9 Tim Clouse

Fair and Accurate

Exposure Must have the correct lighting in certain cases Most courts will accept that the photos needed more or less light to show the subject matter In most cases you can bracket up one exposure and down one exposure to assure “proper” exposure

Color Accuracy Film type Exposure Electronic Flash Color correction filters Digital camera need proper White Balance

Distance Relationships As stated before wide angle and telephoto lenses will distort the distance an object looks

Focus and DOF All objects in the photos must be in focus

Recreations As long as you do not try to represent the photos a the original scene recreations are permitted

Relevant and Material Relevant—any evidence that tends to prove any disputed fact in the case. No evidence can be admitted to prove facts that are not at issue Material—evidence that is important to the case at hand, it cannot be too remotely connected to the facts in issue

More Probative than Prejudicial Gory Gruesome Mutilations Judge has the right to deny any photo into evidence based on these reasons Have a Plan “B” ready in such cases

The purpose of Crime Scene Photos To provide Investigative Leads To refresh the memory Substantiate Testimony Clarify Understanding

Issues when taking CSI Photos Consent Miranda Rights Trespassing Surveillance Photography The human eyes cannot trespass….

Digital Imaging Implications Digital photos can be altered You have a clear set of SOP to follow If you do not have an SOP create one and have it approved The Scientific Working Group on Imaging Technologies (SWGIT)

Case Law Rogers v. State, 902 N.E. 2d 871 (2009) Used to show that photos and video evidence can be used as a “Silent Witness” Franklin v. State, 69 Ga. 39, 42 (1882) First case to allow photos in court Green v. City and County of Denver, 268 Ky. 475 (1943) Showed that underexposed photos can be allowed with explanation

Case Law Stone v. Northern Pacific Railway, 151 NW 36 (1915) Showed that a photo was taken at the wrong height and was not admitted into court Kleveland v. U.S. (1965) A photo can authenticated if the witness was not the photographer or at the scene when the photo was taken

Case Law Washington v. State, 406 Md. 462 (2008) The Court of Appeals determined that the tape of a surveillance video was admissible. U.S. v. Beeler, 62 F.2d 136 (1999) Approved the enhancement of photos and video tape for in Digital photography as long as the photo remains accurate, authentic and a trustworthy representation

Review Cardinal Rule #1—Fill the Frame Cardinal Rule #2—Maximize depth of Field Cardinal Rule #3—Keep the film Plane parallel Bracket Use the right Equipment Scale Document

Next Week Complete any work that has not been turned in Stay Safe and Practice, Practice, Practice