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Application of satellite image
evidence to legal actions is an emerging practice, with
Archer Geographic’s SIE Group at the leading edge. The
types of cases that can benefit from the SIE Group’s
expertise are as diverse as the legal profession, and
include any case with a ground or physical component.
Specific areas of law include:
Benefits of Satellite Image Evidence
Satellite images can provide a
unique perspective at trial not attainable from other
vantage points - giving a synoptic view of a site, and
highlight relationships not always obvious from the
ground. Overhead images also put a site or scene into a
real world context by showing what is around
it. Satellite photos effectively show proximities within
an area, and when geometrically corrected are useful for
making measurements of distances and areas. Satellite or
aerial photographs have an innate ability in court to
create a "being-in-place" experience, allowing
a jury to put themselves into the milieu of a case. Such
visual aids have also been shown to increase the jury's
cognition and information retention when used at trial.
In addition to these more
demonstrative uses, satellite imagery can often provide
direct evidence in many cases. "Before" and
"after" photos can be especially powerful in
evidence, and help establish cause and effect. Satellite
and aerial photos are ideal for documenting changes at a
site over time, including the nature of change, the
extent of change, and the timeframe in which changes
occurred. Satellite images can also in many cases
document conditions at a given point of time at a
specific site, verifying past events or locations, much
like a security camera.
Admissibility and Handling Protocols
As demonstrative evidence or visual
aids, satellite or aerial images are readily admitted,
and governed by the same rules as other demonstrative
exhibits. In cases where satellite or aerial images
provide more direct evidence as to certain questions in
dispute, admissibility issues become more critical. In
such cases, to verify an image's authenticity or
interpretation, it is often necessary to support the
image evidence with expert witness testimony, from such
experts as those in the SIE Group.
In Federal cases, the legal tests
articulated within the Supreme Court's Daubert
decision control the admission of such remote sensing
imagery into evidence. Within those guidelines, the
evidence must be shown to be both relevant and reliable.
Generally, establishing scientific validity in the
generation of the image evidence establishes a standard
of reliability. State courts may also apply the Frye test
of "general acceptance" of the image data. In
all cases, chain of custody and strict handling
protocols for the image data must be followed and
documented, as in those employed by the SIE Group.
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