Tag: law enforcement

Criminal LawEvidenceExpert WitnessFraudLaw Enforcement

Diddy Scandal: Ways Agents Handle Insanely Sensational Cases

on December 6, 2024

INTRODUCTION

In Experts.com‘s previous blog post concerning American Hip-Hop artist, Sean “Diddy Combs, insight from Mr. Joseph E. Gunja, a Jails, Prisons, and Corrections expert, detailed jail protocols for the rich and famous. He awaits his May 2025 criminal trial in jail. According to the Manhattan Federal Court, Diddy faces sex trafficking, prostitution, and racketeering conspiracy charges (US DOJ).

Consequently, Diddy’s fame and tight-lipped potential witnesses separate this high-profile case from others. He and other Hollywood elites are, without a doubt, major influences in pop culture (BBC). Now, the public wonders which well-known figures perpetuated the decades-long abuse or faced abuse themselves. With contributions from Dr. James F. Pastor, a security and law enforcement expert witness, this blog post explains Diddy’s charges and how law enforcement and federal agents investigate multi-state crimes.

P Diddy Jail for Freak Offs - Police and Federal investigation.

DIDDY CRIMINAL CHARGES EXPLAINED

Diddy’s unsavory reputation certainly adds weight to his case, but his notoriety alone did not land him in criminal court. Below are definitions of Diddy’s criminal charges and their average sentences (United States v. Sean Diddy Combs):

  • Racketeering Conspiracy: A type of organized crime that can be affiliated with individuals, businesses, and corporations, in which a string of illegal crimes are committed. The purpose is to cement a false sense of legitimacy.*
    • Through the Combs Enterprise, Diddy used people within his organization to commit crimes on his behalf.
    • Sentence: Life in Prison (maximum).
  • Sex Trafficking: Transporting people from one area or country to another solely for sexual exploitation by force, fraud, or coercion. Prostitution can be part of sex trafficking.
    • Diddy has property in Los Angeles, Miami, and New York City. Crossing state borders with women under the influence and forcing them to join his “freak offs” explains the sex trafficking charge.
    • Sentence: Life in Prison (maximum); mandatory 15-year prison sentence.
  • Prostitution: While legal in some states, it becomes a criminal charge when someone exchanges money for nonconsensual sexual activity.
    • Diddy leveraged his power to coerce women into sexual activity with male commercial sex workers.
    • Sentence: 10-year prison sentence (maximum).

*Distinction*: Racketeering, Conspiracy, and Racketeering Conspiracy are three separate charges. Firstly, Racketeering involves committing crimes within an enterprise. Secondly, Conspiracy is an agreement between two or more people to commit a crime. Finally, Racketeering Conspiracy, Diddy’s charge, is when two or more people agree to participate in a criminal scheme to gain commercial profit. Although there isn’t a requirement, in most cases, the government will try to prove that the enterprise’s establishment was for illegal purposes (RICO).

Pills and Drugs used for Diddy Crimes across state borders.

Expert Q & A: Diddy Scandal Application

Insight from Dr. James A. Pastor – Security and Law Enforcement Expert

Question #1

Q1: How do police and/or federal agencies begin investigating large-scale, multi-state cases?

A: Typically, the initial decision goes to the state vs. federal jurisdiction. In the “Diddy” case, since the charges were brought in federal court, state authorities usually would not be involved—unless they participated in earlier stages of the investigation (which I tend to doubt). In this case, since evidence and witnesses may be derived from multiple areas around the country (or even internationally), the coordination of these investigations likely included US Attorney and FBI offices in several cities. How these resources are marshaled and organized is most likely done through the centralized decision-making of the lead prosecutor in NY.

Question #2

Q2: How is evidence determined, collected, and consolidated to build a prosecutable case?
Evidence Collection

A: This is a big question that is heavily dependent on the nature of the case, the resources devoted to the matter, and the level of cooperation involved within federal law enforcement. Since this is a “heater case,”* my sense is it is a high priority in the Justice Department, as they would not have brought the case if they were not serious about it. As such, the prosecutors surely have a great deal of information and have collected mountains of data, videos, photos, and witness statements. By the time this case becomes public, rest assured that the government has already substantially developed its case against Diddy.

How they collected the evidence typically commences with witnesses or complainants coming forward with allegations. If these allegations appear to have merit, it’s a matter of following up with the witnesses or complainants. Usually, this entails people naming other witnesses, providing photos or videos of the events, and supplementing these with other documentary evidence such as emails, news accounts, voice mails, and many other forms of evidence. In a case this big, with so many people who witnessed things through many years where Diddy’s parties and other events had such a wide array of attendees, the potential sources of information may be so vast as to be too large to effectively manage.

*A “heater case” is an ongoing case that generates significant media attention.*

Evidence Management

A: While I never handled anything so large, my sense is that when the momentum grows, people tend to come “out of the woodwork.” Many people knew of illegal or illicit activities but would not want to get involved. If (and this may have already occurred) those who desire to “tell their story” are influential and powerful, others may then feel free to communicate what they know. This is the tipping point moment.* If people come out of the “woodwork,” what was once only an isolated allegation may turn into a groundswell.

Collecting and managing this level of information then becomes its own challenge. If this occurs, then prosecutors will likely select the best-known, most attractive, and most articulate witnesses with specific factual claims to make their case. All other lesser-knowns will not be part of the legal proceeding and may only weigh in with news and media accounts.  

*For example, ex-girlfriend Cassie Ventura’s lawsuit against Diddy last November inspired women to share their experiences. (Washington Post).*

Interrogation Room - Diddy Scandal

Questions #3 – #5

Q3: What is the protocol for finding and interviewing witnesses?

A: Not sure there is any one protocol. Getting initial witnesses/complainants to “name names” is typically the initial key factor. Following up on these names, asking these people to tell their version of the events is the most likely sequence of the investigation. Prosecutors may offer immunity deals to some in the early stages of the investigation. Getting these people to make videotaped statements coupled with providing other independent evidence, again, like emails, photos, videos, and the like would be part of this protocol.

So, the adage holds true: follow the facts. As the investigation develops, leads develop into viable evidence, which, as a result, goes to other sources of evidence. It can certainly build upon itself into the “tipping point” described above.

Q4: How does law enforcement find witnesses willing to provide valuable information to the police?

A: People naming other people. Images of people in videos and photos. Emails, voice mails, news accounts, and a host of other sources.

Q5: What are some of the most common obstacles to coordinating multi-state investigations?

A: Usually money—resources and cooperation. Lack of cooperation may be the result of disinterest or of competition, where one agency holds back information or performs parallel investigations in the quest to make the arrest or be the one that gets the credit.

FBI - Diddy Scandal

Questions #6 & #7

Q6: Are there specific departments tasked with investigating Diddy’s separate charges? Or are all the law enforcement officers assigned to his case investigating all of them?

A: In this case, the FBI is likely the lead investigative unit. They have specialized units to manage the facts and circumstances derived from this case. Interviewing women who may have been sexually assaulted at a tender age is one such specialization. Being sensitive to the emotions and even the repressed memories requires skilled professionals who have experience in these investigations.

Q7: At what point during an investigation do federal agencies get involved?

A: It’s a federal case, and likely commenced as a federal case. My sense is that a local jurisdiction would not touch this as Diddy is too big, too rich, and too well-connected.

CONCLUSION

While the Diddy Scandal unravels and news unfolds, we will continue applying expert insight to the case. Thank you to Dr. James F. Pastor, Security and Law Enforcement expert, for taking the time to collaborate with Experts.com on the second blog of the Diddy Scandal series.

Emergency ResponseExpert WitnessSecurity

Astroworld Festival: Major Event Security & Law Enforcement Expert Provides Insights

on November 16, 2021

How did the Astroworld Festival go from lively and jubilant to mass casualty event? We reached out to a security expert witness to help us understand security issues for concerts and other major events.

Last week, I began preparing to write this post involving nine individuals who attended the Astroworld Festival and lost their lives in the crush of a surging wave of festival-goers. It is not an easy topic to write about, as I want to be cognizant of the loss of life and resulting trauma experienced by family and friends. Sadly, this morning, we learned of a tenth death related to the disaster. CNN reports that a 9 year old boy, who suffered injuries at the festival, passed away in the hospital yesterday.

In writing about a tragedy of this magnitude, I have to clarify that I only do so with publicly available information that has been reported in the news. The facts may change as more information becomes available. To that end, those to whom I conduct a question and answer style blog post are also limited to publicly reported information.

Astroworld Festival Background:

According to Wikipedia, the Astroworld Festival “is an annual music festival run by American rapper Travis Scott, held in Houston, Texas, at NRG Park, near the former site of Six Flags AstroWorld. The festival was first held in November 2018.”

The festival this year was held on Friday, November 5th, 2021, at NRG Park in Houston, Texas. It has been alleged that approximately 50,000 people attended the event on November 5th, though there may have been more as the venue, NRG Park, is said to be able to house up to 200,000 attendees according to Vulture, who has done a really good job of explaining how the event unfolded.

There were indications the crowd was going to be problematic from early in the day. One ABC reporter, Mycah Hatfield, said that there was a stampede of people who burst through the gates and trampled the VIP entrance at 2:00pm.

Once Travis Scott took the stage, as Vulture describes, “all hell broke loose.” One attendee was quoted saying, “All of what is to be 50,000 people ran to the front, compressing everyone together with the little air available.” This is what I understand to be a crowd surge.

The crowd surge, compression of individuals, and trampling, all appear to have led to the result of dozens injured and now ten people deceased. As this is going to result in significant litigation, with some lawsuits already filed, I decided to get some insights on how a concert could go awry by reach out to one of our law enforcement and security experts with experience and knowledge in major event security.

Law Enforcement, Security & Premises Liability Expert Witness:

Joseph “Paul” Manley, WVTS, CCIS, Principal at Risk Mitigation Technologies, LLC, is Board Certified Workplace Violence & Threat Specialist (WVTS), a Certified Crisis Intervention Specialist (CCIS), and a Board Certified Homeland Protection Professional (CHPP).

Prior to forming Risk Mitigation Technologies, LLC, Mr. Manley served a distinguished career in law enforcement and public safety. He has over 30 years of experience in Security Management and Law Enforcement and Security consulting, including physical security, security operations, regulatory compliance, and security training. He is currently a retired Lieutenant and Executive Officer for a Massachusetts Police Department. You can learn more about his practice at: riskmitigationtechnologiesllc.com.

I asked some questions and Paul Manley provided some excellent and thorough answers to these questions. Please see our conversation below.

Nick Rishwain: We understand, from reporting, that the Astroworld investigation is highly active. How does law enforcement investigate a mass casualty event? Can you tell us a little about the processes involved in such an investigation?

Paul Manley: In an initial response to a mass casualty incident (MCI) where no criminal involvement is present, the Fire Department will have the initial Incident Command responsibility. The local fire departments are very proficient in the handling of Mass Casualty Incidents. Most fire departments hold continuous MCI drills and have extensive equipment and supplies to manage mass casualties.

There are four specific things that Law Enforcement can do to assist the fire department in their management of an MCI. These jobs in the MCI Protocol for Law Enforcement are:

  1. Crowd control
  2. Traffic control
  3. Contact coroner
  4. Criminal investigation

The initial critical decisions for the first responding law enforcement personnel at an MCI will be is this a criminal event? And are suspects still on scene?

Regardless of your first impressions of how the MCI was caused, officers should immediately begin a basic preliminary investigation during the first few minutes of the law-enforcement response.

Also, a law enforcement officer will immediately go to the Fire Command Post and accept law enforcement command duties in the Unified Command structure until relieved. This will ensure that the law enforcement Incident Commander is completely up to speed on the event if we later find out a criminal act has occurred.

The reality is mass casualty events pose unique challenges to law enforcement agencies such as securing the scene, investigating the crime, working with the media on a local and or national level, helping the victims and their families, responding to elected officials, securing critical infrastructure, and providing support to both their officers and to community members as they address the aftermath of a tragic event.

Nick Rishwain: On the security side, there appears to be an issue of the crowd surging towards the stage and trampling attendees. Is this a common concern for security at an event where there are tens of thousands of people?

Paul Manley: Crowd surges are common at large events, such as concerts or festivals. However, deadly crowd surges are not common.

Nick Rishwain: How does major event security prepare for and prevent crowd surges?

Paul Manley: Event security starts with a comprehensive threat assessment, analyzing the overall threat environments associated with the event, such as its host(s), the venue/environment, known or expected attendees, sponsors, historical events and political agendas.

Crowd surges are preventable, even at large events. It is about planning, managing, and separating the crowd, so it does not become too packed. That is what should have happened at Astroworld.

Crowd separation is crucial in preventing surges and crowd crush. Use barriers to create a channel that funnels fans smoothly into your check-in point. Place visible staff members at the start of your lines to yell directions to the crowd and ask them to have their tickets and identification ready. Venues must be organized in such a way as to prevent too many people from converging in one place. The bigger the crowd, the more likely it is that something can go wrong. Your staff needs to be comfortable with managing large groups and exerting authority when needed.

There must be enough security officers to manage the event. If it could be as simple as applying a city ordinance, state law or a defined security standard out of the ASIS Protection of Assets Manual, or even a retail crowd safety guideline from OSHA, this question would hardly be as popular of an issue. Presently there are no security standards defining the ratio of patrons to security staff. In most cases, while always blending security and safety, we should not exceed the crowd manager responsibility as per The National Fire Protection Association (NFPA 101), but should we assign 1-to-10 or 1-to-100? As with most security functions, an appropriate risk assessment is the most valid solution. The big-ticket items to consider are Crowd Control & Critical Coverage.

From news reports, we understand there were 1,283 security officers for a crowd of 50,000 people at the 2021 Astroworld Festival. They were overwhelmed at entrances earlier in the day according to the Vulture article you shared, and they were overwhelmed again when Travis Scott took the stage at around 9 p.m. The combination of overcrowding, lack of crowd separation, and not enough security officers (allegedly) had deadly consequences.

Also, crowd observers should be positioned around the perimeter of the crowd, high enough that they can spot surges or crush points. When a problem is identified, the observer alerts the performer. The performer should then pause the show until the situation is under control. The power and influence of a performer at a large venue cannot be ignored. They can help security and emergency personnel do their jobs by bringing awareness to the problem.

From a mitigation point of view, to lower the consequences of a crowd surge/rush, venue design measures could be implemented, such as the removal of obstacle and bottlenecks in crowd’s movements, which could give rise to slips, trips, and falls and, in the worst case, trampling or crowd collapses in an event space. Signage should be well visible, specifying emergency exits and general wayfinding within the event location. Also, event staff and law enforcement personnel should be highly visible to ensure they can be easily seen when giving instructions in crowed areas. Enhanced security and crowd management training should ensure staff is aware of directing spectators safely during an evacuation. (“Patron Management – Event Safety and Security Risk Update …”)

Nick Rishwain: According to this article from Vulture, it is claimed that a “mass-casualty incident” was initiated but it took 40 minutes to cancel the concert. How do security and law enforcement decide to cancel an event? Then what is the process?

Paul Manley: If a crowd is in distress, then there should be a procedure in place to immediately stop that event, at least temporarily. You should have a knowledgeable team of experts who know exactly what they are doing and can identify a crowd in distress. These stop teams are well trained, are in direct communication with the performer’s representative, lighting designer and the sound engineer who understand their role and responsibility in the event of an incident.

Nick Rishwain: We know there is an ongoing criminal investigation and lawsuits have been filed. On the civil side, is this a premises liability matter at its core?

Paul Manley: Sadly, yes, tragedies like this one do not just happen; They are preventable; they are often caused by negligence and poor planning.

Again, it has been alleged that rapper Travis Scott & Astroworld organizers ignored red flags. We also understand this is not the first time tragedy has struck an Astroworld event, nor is it the first time that Travis Scott has been involved in a performance or event that ended in violence.

From what we’ve read, this concert continued as people screamed for help. It appears some patrons even begged camera operators and security guards to stop the music to no avail. As reported, the police proclaimed a mass casualty event at 9:38 p.m. local time, just over 30 minutes after Scott started his set, but the performance did not stop until 10:15 p.m., nearly 40 minutes later. The situation appears to have gotten worse by the lack of preparation by the concert organizers. For example, allegedly there were a limited number of water stations, staggering overcrowding issues in the general admission areas, as well as the understaffed and under-resourced medical team.

If the reporting is accurate, these red flags and others that materialized earlier in the day as people stormed the security gates at the beginning of the festival, should have been enough of a warning sign that the venue either needed to improve their security coverage and response or have been canceled. However, these concerns, just like the pleas to stop the show as people were dying, appear to have been ignored.

With all of this said, I reserve the right to change my answers and analysis as more information about the tragedy is released. Also, I should say that I have not analyzed the police reports or any factual analysis on the ground which could also alter my analysis.

We thank Paul Manley for his analysis based on the publicly available information related to the Astroworld Festival. We may venture back into this matter at a later date as more of the facts are solidified and because there are such a large number of parties involved, we may require analysis from additional areas of expertise.

ElectronicsExpert WitnessLivestreaming

Livestreaming App is Window into Your Child’s Bedroom: An Experts.com PSA

on July 25, 2018

Law enforcement officers are warning parents about the LiveMe livestreaming application as it allows predators direct access to children, at home, in their bedrooms.

Earlier this week, I was searching for a new story for the blog. It was a long afternoon of reading news stories and not finding any that grabbed my attention.

Then after a while I found this story , from News4Jax, posted by my friend Sergeant Marc Marty, of the Montebello Police Department. Marc is a leader in online safety and the fight against child trafficking. He teaches courses to law enforcement and government officials via LawEnforcement.Social and is active with the Erase Child Trafficking organization.

It hit me, we generally write stories involving expert witnesses, but we only very occasionally write a straight informational, “public service announcement” post. This topic felt like the right topic at the right time.

I’ve been fairly involved with live video since 2015. In fact, live video is how I met Marc. We’ve attended several live video and social media conferences and I watched him speak about online safety and child trafficking at the last mutually attended conference. I’m happy to see he’s still fighting the good fight!

The livestreaming story shared by Marc, is very disconcerting. The app in question, LiveMe, has some 20 million active users. Before this article, I can’t recall hearing about LiveMe. My guess is the app targets minors, so it is not somewhere I wish to spend my personal or professional time. Unfortunately, it is somewhere sexual predators will be quite active.

I imagine law enforcement will also be active on this platform. Unfortunately, with limited resources, dozens of social media platforms, and jurisdictional limitations, police will only be able to monitor a small percentage of the streams and may be limited in their ability to take action. That leaves monitoring to parents, non-profit organizations, and other concerned citizens.

As the News4Jax article describes, several parents were not aware of what their children were doing on this app, in their own bedroom. Others didn’t even know the app existed (admittedly, keeping up with every new platform is difficult).

All of this got me wondering, what viewing behavior is indicative of a predator? Other than monitoring their children and their behaviors, what do parents need to know about online predators? How should they guide their children? What behavior indicates “grooming”? Which children are most at risk?

I reached out to Marc for some greater illumination on the subject.

Sergeant Marc Marty

As I’ve done in the past, I have asked several questions and Marc has provided some spectacular answers on the subject.

Nick: As an officer specializing in social media, what are some steps parents and others can take to prevent predatory use of apps like LiveMe?

Sgt. Marty: Parents first and foremost must develop an open line of communications with their children. Communication is key!! They need to develop a partnership with their children. If parents are “allowing” their child to have a cellphone, they need to explain to their child that it will be monitored and that there may be monitoring software on the phone. Let’s face it, most children cannot purchase a phone, so in essence the phone belongs to the parents, not the child. Be open and honest with your children. Develop a contract with your child that explains and stipulates the rules and guidelines the child must follow in order to have a cellphone. This is important because when the child breaks that contract and their phone gets taken away or they are disciplined, they have a clear understanding why they are being disciplined. This helps develop responsibility.

Nick: Assuming parents are monitoring the livestreaming use of their children, are there any telltale signs that viewers may be predators?

Sgt. Marty: It’s really difficult to determine who is actually watching/following your child online unless you know them. Here’s a question I pose to parents. “Do you let your child have random friends that you know nothing about? Do you let your child talk to just anyone at the mall as they are walking through it?” If the answer is “NO,” then why would you allow a random stranger online follow your child? Parents should know who is following their child online.

Nick: Are there particular signs that a viewer may be “grooming” a potential victim?

Sgt. Marty: If a viewer asks a child to take off their clothes, or to send a random nude photo of them, those are pretty good signs that that person is up to no good. However, predators will often seek weaknesses in children and exploit them. They are looking for the child who wants to run away, or who is upset with their parents, or who doesn’t have parents. They will look for any type of “in” they can find. They will often simply befriend them and develop that digital friendship online.

Nick: Can you share with our readers some basic online safety recommendations?

Sgt. Marty: Children should follow their parents rules at all times. Understand that anything you post online will be there forever. Never send personal pictures to anyone online. Never give out any personal information, such as address, phone number, or other identifying information. Don’t use your name as a screen name online, make up a name. Cyberbullying is huge, don’t respond to any threatening emails, messages posts or texts online. Screen shot the messages, block the individual and immediately notify Facebook, Instagram, or whatever platform you are on, and it will usually be removed right away. You may also need to notify your local police as well. Children should never meet anyone in person unless parents are present and/or notified. Always tell parents, teachers, or other trusted adults of any messages that are unwanted or threatening.

Nick: Is there anything you feel I should have asked that I didn’t ask? Potentially items you feel the public needs to know?

Sgt. Marty: Parents need to understand that social media is the gateway to child trafficking. They need to be able to communicate and educate their children!! They should follow Erase Child Trafficking and any other organization out there that is fighting against the exploitation of children.

Conclusion:

So there you have it, our first or maybe second, true public service post. The topic is hugely important. These are areas where Marc and I have been active for several years and we have seen some of the efforts by strangers to bully and prey on children.

You and your children should enjoy technology. Just do so wisely. Be smart and be safe!

 

Criminal JusticeCriminal LawExpert Witnesslegaltech

Fingerprints Lifted from Social Media Photo: Expert Evidence and Impact on Criminal Defense

on April 23, 2018

Friday morning, I read a really interesting article from the FindLaw Technologist blog (their legal technology blog). The headline grabbed my attention because it was about drug dealers’ fingerprints being lifted from a photo on social media application, WhatsApp. This was news to me. I had no idea law enforcement could obtain digital fingerprints or that they could be used for an arrest. In hindsight, it seems perfectly reasonable that fingerprints could be obtained this way because the cameras in our cell phones are so advanced.

Probably, like many laypeople, I thought law enforcement had to access latent fingerprints left on a physical object (doorknob, weapon, cell phone, etc.). Based on my years of watching police procedural television shows and documentaries, I assumed the fingerprints had to be dusted by an evidence technician, input to a database, and then compared to other prints in the database. Today, however, I discovered that’s not the only way to do it.

As the Findlaw article explained, “Law enforcement arrested members of a drug ring using fingerprints on a cell phone photograph. Investigators didn’t even need the suspects’ cell phone because the photo was posted on the messaging application, WhatsApp.” The photo showed a male hand holding a bag of drugs. The agency’s forensics team uploaded the photo to a fingerprint data base and they found a match. The article specifically states the officers “acting on other information” located and arrested the man.

My assumption was the officers needed additional evidence in order to make an arrest.  Authorities can likely use the image as an investigative lead and then they have to go find additional evidence to establish probable cause for an arrest.

Alas, these were only my assumptions. It’s been a long time since I spent any time on criminal procedure. As such, I have asked for some input from Walter M. Reaves, Esq. Walter is a friend and colleague I’ve met through the LegalMinds Mastermind Group. He is a criminal defense attorney located in Waco, Texas. To find more about his practice, visit waco-criminal-attorney.com.

Input from Criminal Defense Attorney Walter Reaves:

Walter jumped on the questions I asked and elaborated on the entire concept of using digital and social media photos. Here is what he said:

“Given the way cell phones have taken control of all our lives, it’s not surprising that they are being used as evidence in criminal cases. For several years, the police have been obtaining cell tower location to place a suspect (or at least their phone) in a certain location. Evidence found on cell phones has also been used – for some reason, dope dealers seem to like taking pictures with their stash. And of course, there’s always text messages.

A new technique may be lifting fingerprints from phones. The process would utilize a picture on the phone of someone’s hand and fingers, and attempt to match that like you would a latent print developed at a crime scene. The process may be no different from what is being done now. Latent prints are placed on a card, and pictures are taken. The digital photos are what are used for comparison.

If a fingerprint on a cell phone is used, you can expect challenges from defense lawyers. The prosecutor will have to convince the court the process for making the comparison is reliable, which may be a problem.

For starters, there could be problems with manipulating the photos in order to get something to use for comparison. The photos will probably need to be enhanced in some way, and you can expect defense lawyers to challenge the way that is done. Some adjustment will have to be made for the photo itself, since no camera produces an exact representation of what it is capturing. Establishing the admissibility of the photo of the fingerprint will therefore have to be the first hurdle the State will have to meet.

Even if the State can establish the identification is reliable, I seriously doubt this is going to be a common practice. I can’t imagine many situations where it would be relevant. Maybe if someone is holding dope, and all you can see is their hand, the fingerprint could be used to establish possession. I can’t think of many other situations though. In most cases, you would think if a picture is being taken, you could identify who was in the picture. You also might have problems with identifying location, and time, if that’s important.

There will be an even bigger problem when you are trying to use the photograph to prove possession of a controlled substance. The problem is proving what the substance is. If you don’t have it, there’s no way to test; it could be baking soda just as easily as it could be cocaine.

So, it’s an interesting concept, but don’t expect it be coming to a courtroom near you anytime soon.”

Based on reading this information from Walter, I stand by my contention this is an investigative tool for law enforcement. However, such images are unlikely to be used as evidence in court. It seems there will be problems with relevance, reliability, and authenticity. These hurdles may in time be overcome as technology advances.

Input from Photographic Evidence Expert Witness Dr. James Ebert:

For a more in-depth understanding of this practice, I reached out to Experts.com member and expert witness Dr. James Ebert. Dr. Ebert is a forensic photogrammetrist who is regularly called to interpret and testify about photographic and mapped evidence in civil and criminal matters. You can learn more about Dr. Ebert’s expertise and practice by visiting his website ebert.com.

Dr. Ebert’s comments left me feeling behind the times when I heard about the use of digital photos as a law enforcement tool. Here is what he had to say:

“It has been widely known and discussed on the web for a decade or more that identifiable fingerprints can be recovered from photographs for good or bad purposes, given that the photos are of sufficient resolution, lighting, focus, and that enough of the fingerprint can be seen to allow a match to be attempted.  Faces published on the internet can, of course, also be identified through photo matching services like TinEye reverse image search, or facial recognition software.  Both fingerprints and faces can, for instance, be run on the FBI’s new Next Generation Identification system by law enforcement agencies around the country.  This does not insure false positive results as are common with all automated fingerprint or facial identifications.  I have never attempted to make identifications of fingerprints in my practice as a forensic photogrammetrist, but are certainly possible and they should be just as reliable as are those done with fingerprint or facial data collected in other ways.  I am often, however, called upon to do facial identifications from photographic evidence. Whether such fingerprints and facial identification are ethical clearly depends on whether they are done for ethical purposes.  Identification of possible criminals from fingerprints by law enforcement is an example of a good use of technologies, and if done for purposes like hacking or harassment it’s not.”

Based on Dr. Ebert’s comments, it appears this practice has been considered and possibly utilized for some time. As Dr. Ebert mentioned, there is potential for abuse in matters of hacking and harassment. I cannot speak for Walter, but I imagine he would think there is potential for abuse by law enforcement as well.

Technology is changing so rapidly that it is difficult to keep up with all the advancements. What we’re doing with this blog is trying to discover how technology impacts the criminal justice system. If you have any suggestions for future  posts on technological advancements in criminal or civil justice, please comment below.