United States v. Soto-Beníquez
United States Court of Appeals for the First Circuit
356 F.3d 1 (2003)
The government (plaintiff) prosecuted William Soto-Beníquez and others (defendants) for a drug-distribution conspiracy that involved multiple murders. Police seized a gun allegedly used in several killings, and the defense objected to a photograph of the gun on the ground that nothing reliably tied it to the gun actually seized. However, specific markings on the gun in the photo matched the police report's description, and the arresting officer testified the photo showed the same gun. The trial court admitted the photo, the defendants were convicted, and they appealed on several grounds, including this evidentiary ruling.
Whether a photograph is properly authenticated when an eyewitness testifies that it accurately depicts what he saw and it matches a contemporaneous written description.