FRE 901(a) establishes a requirement of authenticating evidence.
Under this standard, “the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.” Prior blog posts have considered the authentication of online communications.
The defendant was arrested at the location where they agreed to meet and charged with using facilities of interstate commerce to attempt to persuade, induce, and entice a minor female to engage in illegal sexual activity. At his second trial, chat and text communications between the defendant and undercover officer were admitted.
The government also introduced a screen capture and recording software (using Camtasia software) to show how the undercover officer “archived the chats and how he used the archive to create the chat log that [the government] introduced into evidence that [the government] will introduce into evidence again.” , _ F.3d at _ n.4. 30, 2005) (chat communications were not reliable based on evidence of modification by a witness with a motive to alter the records).
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After a series of texting and telephone calls, they agreed to meet for sex.
., Authenticating Internet Screenshot Evidence Under FRE 901; Authenticating Internet Chat Communications With A Witness Familiar With The Records (Part I) (Part II).
The Fifth Circuit recently considered the authentication of chat and Internet records obtained during an undercover investigation.
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