Authentication and Identification of Evidence Flashcards
901
in general
(a) to satify requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the porponent claims it is.
(b) examples of evidence that satisfies the requirement.
1. tesimony or witness with knowledge
2. nonexpert opinion about handwriting
3. comparision by expert witness or trier of fact
4. distinctive characteristics and the like
5. opinion about a voice
6. telephone conversations or
7. process or system valid.
United States v. Stelmokas
appeals deportation order based on war record in WW2
E: docs show D as Lithuanian Nazi in Germany 1944
Records from German and Lithuantian Soviet archives
TC: admits all documents
Held: these documents meet the standards of rule 901(b)(8)
United States v. Samet
RICO case, investigator familiar with writing of D holander
E: investigators ID’s 24 documents from D’s handwriting.
DA: 901b2, non-expert opinion on handwriting ok
held: breaks down the investigation and prosecution of the crime into separate categories, so familiarity obtained for investigation is not for litigation- Admit.
5 ways to authenticate voice
rule 901b3: lay voice comparision- jury decides
901b5: lay voice comparision-familiar person decides if the same
901b5: expert opinion- mechanical comparision of voices by spectograph
901b4: E of contents- connected to the D by contents
901b6: phone trace- phone number is D’s circumstances indicate reliable method to trace
State v. Benton
Series of thefts/robberies led to death in arson fire.
E: text message and facebook messages
TC: admitted since the D had the phone at the time the messages were sent.
Burden of proof: must produce E “sufficient that a reasonably jury could find the item is what the proponent says it is” 104b
text messages: Da shows the circumstances of the time with other texts
held: E is sufficient to make a finding that D sent the message and admit.
Facebook messages: improper but error was harmless
people v. small
V made phone call before murder, friend then calls after learning V’s death
E: contents of phone call with the person who answered
Issue: Did the state properly authenticate the call?
United States v. Oreckinto
burglary case, photos show burglar in mask and SP sweatshirt
E: photos from the internet of southpole brand sweatshirts for jury to assess
Test: must offer E sufficient to demonstarte that the E is what the pronent says it is
Held: photos are admissible
offered to show what southpole sweatshirts look like, and enough to prove
State v. Luke
V saw burglar in yard.
E: security camera footage taken of the burglar
test: must offer E sufficient to demonstarte the E is what the proponent says it is
V is a person with knowledge because he saw the burglar
okay under 901b1
Shimonda: can be authenticated by 901b9 process or system. if so, then V can explain the operation of system, accurary is ok to admit.
examples of silent witness
901b9
wagnet: police video of drug deal admitted based on camera accurately recording streets, time of day, other details, ect
Litton: all other items in video accurate, so buglar is too.
rule 1001
an original of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. for electornically store information, original means any printour- or other output readable by sight- if it accurately reflects the information. An original of a photgraph includes the negatove or a print from it. Duplicate is a mechanical reporodcution
rule 1002
an original writing recording, or photography is required
meyers v. United States
E: rogers testifies to Lamarres testimony
Seiler v. Lucasfilm
Copyright claim regarding design for AT-AT’s in starwars
E: artwork of P’s designs, reproduced after 1980 by hand
Issue: are these drawings covered by the best evidence rule
Held: the drawings are writings within the meaning of rule 1001.
because equivalent to the letters, words or numbers in the rule. based on purpose and language.
result: P needs originals, under 1002. These are not duplicates by 1003. No excuses by 1004 either.
united states v. Jackson
criminal charge of soliciting a minor over the internet
E: the IM chats between the D and the police investigator
