Legal Question in Family Law in Kentucky
Hidden video
Can hidden video from a home taken of a neighbor in their yard be admissable in court?
2 Answers from Attorneys
Re: Hidden video
Yes. No. Depends. Admissible in what kind of case/ for what purpose? Against the defendant in a crimnal case? Against a parent in a custody case? What does it show? Who took it? This is impossible to answer unless we know a lot more about the case.
Re: Hidden video
Video recordings are different than audio recordings and the usual hearsay objection does not apply to video recordings. If you are trying to admit a recording into court to have a witnesses out of court verbal statement brought into court, the answer is generally "No". If you are using a recording to show something observable with the eyes rather than an out of court statement, the answer is generally "Yes".
In order to admit the video, someone has to authenticate it. That can be the person who set up the equipment and started it running. They have to be able to tell the court if the images captured on the tape fairly and accurately depict the actual scene it was taping, the period of time that was recorded, and whether the tape had been altered in any way.