Department of Homeland Security

DHS Admissibility of Digital Photographs in Criminal Trials

Federal Law Enforcement Training Center

  • Keith Hodges, Senior Instructor
  • November 13, 2008

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Claims of Alteration

  • Party must offer some evidence of alteration.
  • “…. we further disagree …. that expert testimony of no alteration was required when there was no indication that the still photographs had been enhanced …. or altered in any way.” Owens v. State, 363 Ark. 413, 421 (Ark. 2005)
  • “The fact that it is possible to alter data contained in a computer is plainly insufficient to establish untrustworthiness. The mere possibility that the logs may have been altered goes only to the weight of the evidence not its admissibility.” [Alteration of business data]. United States v. Bonallo, 858 F.2d 1427, 1436 (9th Cir. Or. 1988)

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