The YouTube Cameras that Create Instant Electronic Evidence

New video cameras on the market take YouTube ready video.[1]  It is a matter of time before it is commonplace for these cameras to immediately upload footage via embedded wireless to YouTube.  For many plaintiff attorneys and district attorneys, this is a dream come true:  People have the tools to document events putting them in legal jeopardy and upload them right to YouTube as evidence in future legal action.   

I handled a case as a young attorney, long before YouTube and before I knew the term “electronically stored information.”  I worked for a criminal defense attorney who had a case involving the son of a well known local figure.  The son was involved in a college rugby party gone bad. Since the event was near my alumni, I got the case.   

I ran into the Assistant District Attorney on my way to the courthouse for our first appearance.  The Assistant DA and I had gone to law school together and he invited me to his office to talk about the case.  The Assistant DA was a very active social partier in law school and even he was shocked by the defendants’ partying gone wrong.  There even was video tape of the college party turning ugly which he described as “Girls Gone Wild” meets “COPS.”  The fact the Assistant DA was so taken aback by the video made me very nervous for our clients.   

The videotape in the “Wild Rugby Party Case” was the evidence that put us squarely on the defensive.  Evidence from today’s new “toys” that can take video and immediately upload the event on YouTube or videoblogs is the express train to “State Exhibit A” for those foolish enough to document good times gone bad. 

Moral of the story, don’t behave irresponsibly.   

And for all you plaintiff lawyers and assistant district attorneys out there, surfing YouTube for evidence just became a part of due diligence. 

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[1] See products such as the Casio Exilim Card EX-S880