PA: The best evidence rule does not apply to establishing probable cause

In establishing probable cause, the best evidence rule under Rule 1002 & 1004(a) did not apply to a still photograph of a truck that was taken from a security videotape that was erased and then taped over by a camera security system, as per the security company’s routine practice, before the police requested a copy. In addition, an employee of the security company was able to authenticate the photograph pursuant to Rule 901(b)(1) at the suppression hearing. Commonwealth v. Loughnane, 2015 Pa. Super. LEXIS 766 (Nov. 23, 2015).

Defendant’s Franks challenge is summarized in detail and it’s lacking. “[D]efendant’s challenges to the affidavits do not sufficiently attack the core allegations that established the probable cause findings made below: that defendant was under investigation for possessing firearms, drugs and other prohibited devices.” United States v. Hagler, 2015 U.S. Dist. LEXIS 157805 (E.D.Mo. Sept. 22, 2015).*