Contributed by: Lothar Submitted: 10-29-2003
I’m sure many of you are worried about what use may be made of the photos in your gallery and even the posts you make.
At least for Canada and the US, there appears to be little difference in the way the law views admissibility of statements and photographs, digital or otherwise.
The main issue, as it has been for many years, is that the photographs must be authenticated by the person who took them. Either by way of a certificate / affidavit or viva voce testimony.
Lets assume the worst case scenario: you have been busted, and the cops have discovered your computer and all your (incriminating?) Overgrow pics. Are you in more trouble? Not so. Since you cannot be compelled to testify against yourself, there can be no way to verify who took the pictures, and whether or not they have been altered in any way. They are hearsay and generally not admissible as evidence.
Pictures or statements of this nature can go in as evidence if;
- both parties agree to it.
- you testify as to their authenticity. I doubt either of the above is likely to happen.
A lot of people get their PC’s taken in a bust; however, they are usually looking for evidence of money laundering, like people running spreadsheets or keeping lists of who owes them what.
In any event, the posts that you make concerning your pictures and grow are hearsay also, since they also must be verified as authentic by the original poster. The cop on the stand would have to say, “Well, the information (which I can’t verify hasn’t been altered by a third party) on an OG Member’s computer (which I can’t verify that he actually personally posted) tells me that he (may have) said that these pictures (which I can’t verify have not been altered) are his…”
Hearsay. Not admissible.
Keep yourself and your personal details out of your photos & posts for the sake of prudence, as these things may be used to inspire an investigation should you be recognized, but not as evidence against you in a trial proper.
[Editors note: Digital cameras label their image files, often with a unique manufacturer code and time stamp in the file name. Example: FG_300_120312.jpg Members should rename their digital camera files to make the images anonymous, and ensure their images are not traceable to your camera.]