CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Writings
......Authentication
.........Manner of Authentication
............Of Film or Photo
7 Cards On This Topic:

Photos are writings.

Trial court did not abuse its discretion in finding O's testimony provided sufficient authentication to admit ATES evidence, which was not hearsay.

Incriminating Instagram photos of D with firearms were properly authenticated, the foundation for admitting them into evidence provided by the investigating Os.

Film may be authenticated by person who was present when film taken.

Unauthenticated video and photos of D allegedly running red light lacked sufficient foundation; without foundation, they were inadmissible and neither business nor official records hearsay exceptions applied.

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 admissible if it is shown they are correct reproductions of what they purport to show; may be self-authenticating.