digital photos admissible in court?

[Peruvian Cocaine]

I heard somewhere that photos used as evidence in court must be on film and can not be digital. Is this true? Or at least in the state of California? If it is, then is there any chance I could get in trouble by pubically posting pictures of me or anyone else doing drugs on myspace, photobucket, etc?

 

[Banquo]

I heard somewhere that photos used as evidence in court must be on film and can not be digital. Is this true? Or at least in the state of California? If it is, then is there any chance I could get in trouble by pubically posting pictures of me or anyone else doing drugs on myspace, photobucket, etc?

what is admissible at trial and what is admissible for obtaining an arrest or search warrant are two different things. the standards are often more lax for the latter.

at any rate, the key for any photographic evidence is authentication. can the prosecution show that the photos are real? there is understandably greater concern when it comes to digital photos since they are easier to manipulate. however, a quick seach shows that digital photos are not per se inadmissible:

California Evidence Code Section 1500.6(a) (Admissibility of Printed Representation of Images Stored on Video or Digital Media to Prove Existence and Content of Image) states a printed representation of an image stored on video or digital media shall be admissible to prove the existence and content of the image stored on the video or digital media. Images stored on video or digital media, or copies of images stored on video or digital media, shall not be rendered inadmissible by the best evidence rule. Printed representation of images stored on video or digital media shall be presumed to be accurate representations of the images that they purport to represent.

in short, if you are worried that photos show you engaged in an illegal activity, i would not post them in a public place.

 

[Peruvian Cocaine]

thank you for the prompt and thorough reply.

 

[delta_9]

as far as i know, any photo can be altered, so digital ones shouldn't be excluded

 

[TheDrizzle]

Furthermore anything posted on MySpace, Photobucket, Flickr, Facebook can all be looked at by your employer or potential employer and used as reason why you will not be hired and/ or fired.