WP Magazine

June 2023

An excerpt from one of the articles

The Digital Witness The Use and Limitations of Video Evidence

By: Nishan Perera B.A.Sc., P.Eng.

The increasing presence of cell phones, dash cams, and surveillance cameras in our lives has given rise to a plethora of evidentiary footage capturing everything from car crashes, slips, trips and falls, and even shootings. On first glance, video appears to be an unbiased ‘digital witness,’ capable of providing answers to those crucial questions surrounding an incident. In reality, these
digital witnesses often raise more questions than they answer. It’s critical to be aware of the limitations of video evidence in order to use it effectively in your case.

The first step when dealing with video is to ensure you obtain the original footage, in its original format. Many types of footage cannot be readily played on traditional players like Windows Media Player, Apple QuickTime, or VLC. Many investigators fall into the trap of attempting to convert “unplayable” footage by using online conversion tools so the files can be viewed using a traditional player. Unfortunately, these online converters can alter how the original footage was meant to be viewed. The converted video, while viewable, may have altered the timing, colour, or even dropped or distorted frames. It stands to reason that if the evidence you’re relying on does not depict the most accurate version of events, it may not be worth relying on it at all.