Time Date Stamp Video Evidence

[question2250]

What is the name of your state (only U.S. law)?
If someone was going to use a video as evidence in a court trial, how does the court or I should say the judge KNOW that the time and date that is generated on the video was accurate at the time of the recording of the video? It is a FACT that someone could have the time and date set wrong by mistake. One could set the time and date to whatever they wanted to. Errors do happen. I can take any video camera right now and set it to whatever date and year I wanted it to be.. no one would know the difference.. Can someone tell me how this kind of stuff is handled in a court of law. Especially if time and date is imperative to the validity of the case.What is the name of your state (only U.S. law)?

 

[tranquility]

The video would be supported by testimony as part of the foundation questions.

 

[question2250]

ok

well how could it ever be proven at what the real date was? i mean, i hear you say about testimony, but do the dates always stand up? if someone had the original video camera with the manufacture date on the bottom of the camera, that should take care of any issues with the date, correct? I know someone could always say, well how do we know that was the camera that was used in the recording of the video. I mean would it come down to a he said, she said situation?

 

[question2250]

the original videocamera that was used for the video making will only allow setting of the date back to the first month, of the year of the year of manufacture, which was 1989. I know this all sounds confusing...the camera was purchased of course at some date after the date of manufacture. I guess my question would be... if the date had been incorrectly set to an earlier time than the date of manufacture, we know it could not possibly been the correct date set. That is common sense. But, then someone could say, well... is that the real camera used for the original recording..
I would think that any court would always be suspicious of any date on a video without absolute proof that it was the correct date set. does any of this make any sense?

 

[question2250]

i mean errors can happen with dates being set on a video camera. we are not even sure if the video has a date set, appearing on the video nor are we even sure if the video exists. these were just some thoughts we had running thru our minds to be prepared.

 

[tranquility]

Q: Are you the owner of the video camera?
A: Yes.

Q: Did you set the time/date stamp on the day of taking the video?
A: Yes.

Q: When you set the time/date stamp, was it on the correct date and time?
A: Yes.

Q: What date/time was that?
A: 4:55 p.m. March 22, 1999.

Q: Did you then take the video at issue?
A: Yes.

Q: Does the time and date stamp on the video accurately reflect the time and date the video was taken?
A: Yes.

I'd like to admit the video into evidence marked as plaintiff 1.



Now you or your attorney can object to a lack of foundation if applicable and the judge will decide. If admitted, on cross-examination, you try to throw doubt on the testimony of the person who verified the video. You might bring in a video expert who will testify anyone can change the time to whenever they want. Perhaps a witness saying he saw the A put in the wrong date, whatever.

The other side puts out his case and you put out yours. That's the way the courts work.

 

[question2250]

ok, makes sense. I understand now. One additional point. If anything ever comes of this... this case would be over 20 years old. memories are foggy, etc..

 

[DAD10]

Opposing counsel could call an expert witness as to disprove the
accuracy of the video.
Was it edited..etc.
Do this video actually show an illegal act or DO you think it does.
Unless so it probably would not be admissible
Example -say you have video of a person sniffing their nose-you could argue they were doing drugs-unless that has fully been captured-opposing counsel could say they were playing a joke or blowing their nose-it should be captured in its entirety the video (just an example).

 

[tranquility]

If you or your attorney don't know how to question a person on how to cast doubt on testimony of events happening over 20 years ago, you have a problem.

In addition, if you or your attorney don't know how to deal with an issue depending on facts of 20 years ago you have a bigger problem.

 

[question2250]

i KNOW it does not show an illegal act, but it could be made out to appear as an illegal act... i am the owner of the camera and i know the date of manufacture and an approximate purchase date... i know the facts, but someone could try to portray otherwise. i guess anything is possible

 

[question2250]

no attorneys involved at all.. just me questioning things and exploring all possibilities. not even sure if anything will ever come of this. probably not. i was just wondering about things.

 

[DAD10]

Its ok to wonder (better to communicate).
Good day forum-study time

 

[Banned_Princess]

Just so you know, if the issue was serious enough to get the GOV involved (think the pictures of inmates in humiliating positions taken by the military personnel)

The date and time, no matter what is stamped, can absolutely be determined.

Its another FBI secrete how though.

 

[question2250]

well, common sense in this issue is... the video could not have been taken before June 1989, that is the manufacture date stamped on the bottom of the camera. no ifs, ands or buts.. thats not possible. i guess what troubles me is that someone could say another video camera was used or the wrong date, an earlier one could have been entered into the camera. anything is possible. There is also another camera that could have been used, its manufacture date is September 1991. Its possible that other camera could have been used, but without the video, and I said earlier the video may not even exist. I have no idea. I have no idea if the video even has a date imposed on it. If it has no date even on it, then there would be no way to determine certain facts. We are looking at 20 year old technology here. Not technology like today (digital). This is all old analog crap.

 

[DAD10]

I understand. Have a nice day