United States v. Farrad

Farrad was released from custody. Months later, informants reported observing Farrad in possession of firearms. Officer Garrison, using an undercover account, became Farrad's Facebook friend. Farrad’s Facebook photos included one showing what appeared to be three handguns on a closed toilet lid, uploaded on October 7, 2013. Execution of a warrant to search Facebook’s records yielded photos showing a person who looks like Farrad holding what appears to be a gun; others show a close-up hand holding what appears to be a gun. None show a date or unique distinguishing feature. The person in the photos has distinctive tattoos. Facebook records revealed that the photos were uploaded on October 11. Farrad was charged with having, “on or about October 11, 2013, . . . knowingly possess[ed] . . . a firearm.” The government argued that the photos were self-authenticating business records under Federal Rule of Evidence 803(6). Defense counsel argued that the photos did not authenticate who took the pictures or when they were taken. The court admitted the photos. Garrison testified that criminals are likely to upload photos of criminal deeds soon after committing those deeds. Hinkle testified about the similarities between the photos and a real gun. No witness claimed to have seen Farrad with a gun. The Sixth Circuit affirmed Farrad’s conviction. The district court’s error in deeming the photographs self-authenticating business records was harmless because admission was proper under Rule 901(a). Hinkle was qualified, his testimony was relevant and reliable. Admitting Garrison’s testimony was harmless error because defense counsel did not argue a “date theory.” View "United States v. Farrad" on Justia Law