Q: If a person is alleged stealing from a store but the store camera wasn't working, is video from a customer admissible?
If a person is alleged stealing from a store but the store camera doesn't have it or wasn't working and another customer videotapes it, can that video be admissible in court?
A: It really depends on whether or not the video can be authenticated. Generally speaking it is possible that the video could be used.
Kiele Linroth Pace agrees with this answer
A: Yes, assuming the proper foundation is laid for admissibility. Obviously that will be easier if the person who made the recording is available to testify that it contains a true and accurate depiction of the events. The process wouldn't really be that different than attempting to introduce a recording from the store's security camera.
A: Yes, as long as the person who made the recording can testify to its authenticity.
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