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18 Discovery of Video Evidence > 18.3 Example Discovery Language for Video Evid... - Pg. 132

132 CHAPTER 18 Discovery of Video Evidence 18.2 COLLECTING VIDEO EVIDENCE Depending on the recording device, the methods used to collect the video from the device can vary greatly. For instance, with many surveillance systems, the only way to get the video from the device is to export it using the controls on the device itself. Sometimes quality and file format options are available when exporting the video when it is collected. When it comes time to enhance or analyze the video evidence, how the video was exported is critical. The higher the quality of the exported video evidence, the more likely it is that a video expert can successfully enhance the video or analyze it. The video evidence should always be exported at the highest possible resolution in a format that loses the least amount of quality through compression. In other situations, the video recording system may not have any method for exporting video, and the only way to get the evidence is to record the screen using an external video camera. l Time Verification Even if the video collected from a recording device is preserved correctly, it is usually the case that insufficient information concerning the recording device itself is documented. Many recording devices, such as surveillance systems and hand- held video cameras, require that the user input a time and date manually. If the time and date are wrong on the recording device by even 15 minutes, an entire timeline of events can be thrown off, or a legitimate alibi could be erroneously deemed false. To determine the correct time, check and record the time on the recording device at the time of the collection, and then compare to an external time source like a cell phone and record the difference or offset. Despite how easy this is, more often than not, this vital step in the evidence collection process is skipped. 18.3 EXAMPLE DISCOVERY LANGUAGE FOR VIDEO EVIDENCE Included here is language for the technical items that should be requested when cre- ating a discovery order for video evidence to make sure you get everything you can and in the proper format. 18.1 DISCOVERY LANGUAGE FOR VIDEO EVIDENCE 1. Any and all standard operating procedures (SOP) used by (Agency or Expert) regarding video evidence, to include but not limited to, standard operating procedures for the acquisition of video evidence, the preservation of video evidence, the storage of video evidence, the analysis and processing of video evidence, and the production of video evidence. 2. A resume or curriculum vitae containing the qualifications and experience of any persons involved in the acquisition, preservation, storage, analysis, processing, or production of video evidence.