A comprehensive 18-item checklist organized into four phases to ensure thorough review of all video evidence before trial. Designed for defense attorneys handling cases involving body camera, dashcam, surveillance, and other video evidence.
Practice Note
This checklist is a general guide. Adapt it to your jurisdiction's specific discovery rules, evidence codes, and local court requirements. Some jurisdictions have additional obligations regarding digital evidence handling and disclosure.
Create a master log of every video file received from prosecution, third parties, or obtained through independent investigation. Record file names, formats, file sizes, and delivery dates.
Cross-reference received files against your discovery request. Identify any requested categories of video (body cameras, dashcams, surveillance, cellphones) that have not been produced. Document any gaps for a potential motion to compel.
Compute SHA-256 hash values for every video file upon receipt. Record these in your evidence log alongside the date received and source. This establishes a baseline for detecting any subsequent alterations.
Record how each file was received (disc, download link, evidence.com, etc.), who delivered it, and the date. Verify the prosecution has provided chain of custody documentation for each recording from capture through production.
Never work from original evidence files. Create verified working copies and confirm hash values match originals. Store originals in a secure, access-controlled location with tamper-evident protections.
Examine embedded metadata (EXIF, container metadata) for recording timestamps, device information, GPS coordinates, and codec details. Check for metadata inconsistencies that could indicate editing or manipulation.
Analyze video timelines for any gaps, jumps, or discontinuities. Body camera footage often has activation gaps. Note the duration of any gaps and whether they correspond to critical events in the case narrative.
Cross-reference video timestamps against known events (dispatch records, CAD logs, radio transmissions). Determine clock drift or offset between multiple camera systems. Document any timestamp discrepancies.
Note resolution, frame rate, compression artifacts, lighting conditions, and any factors affecting visibility. Identify segments where quality degrades significantly. Determine if enhancement is possible and warranted.
If multiple videos exist, establish temporal synchronization using shared audio events, visible common events, or timestamp correlation. Create a unified timeline showing what each camera captured and when.
Generate verbatim transcripts of all spoken words, including officer commands, witness statements, Miranda warnings, and background conversations. Note inaudible segments and ambient sounds that may be relevant.
Systematically compare the video record against every factual assertion in police reports, affidavits, and witness statements. Document any contradictions, omissions, or discrepancies between the written record and video evidence.
Review all footage specifically for Brady material: evidence of compliance, de-escalation attempts, officer misconduct, inconsistent use of force, environmental factors, or anything that undermines the prosecution theory. Flag and timestamp each instance.
Create a detailed chronological event log with precise timestamps for every significant event: initial contact, commands given, physical interactions, statements made, arrival of additional officers, and any use of force.
Extract key segments for trial presentation. Ensure clips are properly formatted for courtroom equipment. Prepare both full-context and focused clips. Have backup playback methods available (laptop, USB drive, DVD).
Identify witnesses who can authenticate each video under FRE 901(b)(1) or your state equivalent. Prepare foundational questions establishing the witness has knowledge that the recording accurately depicts what occurred.
Prepare specific cross-examination questions tied to video timestamps. For each contradiction between officer testimony and video evidence, prepare a sequence: commit to the written statement, then play the contradicting video segment.
Prepare responses to likely objections: authenticity challenges, relevance objections to particular segments, unfair prejudice under FRE 403, hearsay objections to audio content, and completeness arguments under the rule of completeness (FRE 106).
FrameCounsel handles the technical analysis—transcription, timeline synchronization, contradiction detection—so you can focus on building your defense strategy.