Louisiana Bar – Criminal Law, Criminal Procedure, and Evidence Practice Exam

Authentication of the photographs is what makes them admissible. For photos of seized marijuana plants, the court needs a foundation showing the image is a fair and accurate depiction of the plants as they appeared. The typical way to establish this is for a witness who prepared or took the photos—often a police officer—to testify that the pictures fairly and accurately represent the subject. Once that foundation is there, the photos can be admitted without needing to introduce the actual plants in court. A formal certification that the image is a true and correct reproduction isn’t required, and the original plants themselves aren’t ordinarily needed for admissibility.