CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........Photographic/Video Evidence
............Foundation-Authentication
 12 Cards On This Topic:
  • Foundation sufficient if photo established as accurate.
  • No need for EC 1400-1401 authentication process where O testified as to how he found the folded note and lab technician testified his photos represented both sides of the note.
  • Videotape depicting scenes of shootings properly admitted to illustrate V's testimony where surviving V provided foundation and jury could readily perceive differences between reality and tape.
  • Trial court must determine whether evidence sufficient to permit jury to find preliminary fact true by preponderance of evidence.
  • Despite certain inaccuracies, video of crime scene properly admitted to demonstrate physical layout of building and W's vantage point. Not admitted as reenactment.
  • Photo purportedly showing D's girlfriend flashing gang sign, which was downloaded from D's home page on MySpace, inadmissible where it could not be authenticated and no expert testified it was not a fake or composite.
  • Photos of crime scene inadmissible where no foundation laid to show lighting substantially similar on separate occasions.
  • Any witness may authenticate photo.
  • Explanation of inaccuracy in photo may make it admissible; trial court has discretion.
  • Trial court determines if inaccuracies in photo mislead.
  • Misleading variance in photo affects admissibility.
  • Foundation for film same as for photo.


    •