What is the test for establishing that a photograph or film is probative?

California, United States of America


The following excerpt is from People v. Borzakian, B229748 (Cal. App. 2012):

"No photograph or film has any value in the absence of a proper foundation. It is necessary to know when it was taken and that it is accurate and truly represents what it purports to show. It becomes probative only upon the assumption that it is relevant and accurate. This foundation is usually provided by the testimony of a person who was present at the time the picture was taken, or who is otherwise qualified to state that the representation is accurate." (People v. Bowley (1963) 59 Cal.2d 855, 862, italics added.)

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