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Photographs in Court

To be admissible in court, the investigator taking and using photographs should follow these four steps:

1. Authentication--Photographic evidence will be authenticated in court by the officer who takes the pictures. A summary describing the incident should be annotated and attached to the negative film packet or recorded on the reverse side of the hard copies soon after the photographs are taken. This will assist in authentication.

2. Marking--Each roll of film or film pack must be marked with the name of the individual who took the photographs, date, time and location of the incident, type of incident, a control number, and the sequence in which the film was used. If it is desirable to point out a specific area of a photograph, an acetate overlay should be used. Never mark directly on the print.

3. Relevancy--All pictures must be clear, sharp and free of distortion. They must be relevant to the investigation. Photographs support the testimony. They must not be inflammatory or provide for shock value; particularly photographs of injuries. Photographs of bodies in relation to the vehicles' position are not, however, considered inflammatory if relevant to support a point of testimony.

4. Supportive Only--Photographs alone do not substantiate facts--they must be supported by testimony. The investigator or photographer must be able to testify that the photos reflect a true representation of the scene.

REFERENCES

1. NHTSA. Fatality Analysis Reporting System (FARS) 1992–2010 Final and 2011 Annual Report File (ARF).

2. NHTSA. National Automotive Sampling System (NASS) General Estimates System (GES), 1992–2011.

3. Op. cit., NHTSA National Automotive Sampling System.

4. NHTSA. Fatality Analysis Reporting System (FARS) 2013 Annual Report File (ARF).

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