Legal Question in Criminal Law in California
Internet Sex Sting operations /Law Enforcement
When the law enforcement provides evidence to defence in internet sex sting operation, If they provide a copy and paste transcripts of chat logs, does the defence have the right to demand the authenticity of those transcripts as the defendant does not believe those chat l0ogs are authentic. Especially when the law enforcement/prosecution makes any errors in presenting the evidence.
What i mean by authenticity certificate is authenticating those chat logs from the chat service provider (ex AOL) saying that those chat logs are genuine and occured between the Decoy and defendant.
Or the judge simply believes and accepts whatver law enforcement presents as evidence even the evidence is a copy and past, which can be doctored easily and no body, even a forensic examination can tell whether it's doctored or not as its in text format.
I just need know the rules to be followed by prosecution during this kind of cases.
2 Answers from Attorneys
Re: Internet Sex Sting operations /Law Enforcement
There are rules of evidence regarding the authentication of "documents" and this includes computer records. At the outset, you may have been provide merely the police transcription and not the full document??? You may of course request discovery of the computer record, and the record keepers policy and pracices regarding the collection, retention and distribution of the record.
Best
DJM
Re: Internet Sex Sting operations /Law Enforcement
No "writing" is admissible in court unless a "foundation" is laid, that is, evidence is presented tending to show that the writing is authentic. Good attorneys know how to challenge disputed writings.
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