NCJ Number
135644
Date Published
1991
Length
15 pages
Annotation
The use of videotapes and motion pictures can add substantially to the evidence to help prove the crimes involved; the general rules of admissibility of such evidence and related constitutional issues are discussed.
Abstract
Motion pictures, sound motion pictures, color motion pictures, and videotapes have all been accepted as admissible evidence by the courts. Motion pictures in color increase their reliability, and editing of a motion picture generally goes to its weight as evidence and not to its admissibility. The constitutional issues involved with these types of evidence involve self-incrimination, right to counsel, Miranda warnings, and search and seizure. Videotapes filmed at the crime scene, during admissions, at lineups, at the commission of a crime, as testimony, and at driver performance tests have all been accepted for judicial use. Several cases have restricted the ability of law enforcement officers to photograph demonstrations and public meetings unless based upon a reasonable suspicion that criminal conduct is involved, or upon some other compelling need. 37 notes and 3 references