Law enforcement’s challenge with the proliferation of potential video evidence is in obtaining and preserving the images captured for future evidentiary value. The stumbling blocks to the admissibility of digital evidence are the typical trial objections attorneys will make to newly introduced evidence, mainly that of either undue prejudice, hearsay, the best evidence rule or a lack of foundation for the introduction of the evidence. These are legal arguments which are left to the prosecutor to defend against in submitting the evidence at trial. Law enforcement’s role in the process is to ensure that in getting the digital evidence to court all the proper steps and precautions have been taken in securing and preserving that evidence.

By Terrence P. Dwyer