818 S.E.2d 735
S.C.2018Background
- Christmas Eve robbery of a Zaxby's in Goose Creek; two masked men assaulted employees and shot an assistant manager. Wilson wore a GPS ankle monitor during the incident.
- Investigation produced a scent trail, money, a ski mask with DNA matching Wilson, cell phone records, recovered gun and knife, and Petitioner’s DNA potentially on the gun; Petitioner confessed to a cellmate and two girlfriends implicated him.
- Wilson pled guilty before Petitioner’s trial. The State introduced Wilson’s GPS records (from Omni-Link via the Department of Probation, Pardon, and Parole) placing Wilson at Zaxby during the robbery.
- Defense objected at trial to admission of the GPS records for lack of authentication and business-records foundation; the trial court admitted them after testimony by Agent Steward Powell.
- Agent Powell testified that the system records and is "very accurate" and that "we use it in court all the time," but did not describe the process by which the GPS data was generated or show the particular device produced accurate results.
- Jury convicted Petitioner on multiple counts; the court of appeals affirmed. The South Carolina Supreme Court granted certiorari to consider authentication of GPS evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brown) | Held |
|---|---|---|---|
| Whether the GPS records were properly authenticated under Rule 901, SCRE (process/system authentication) | Powell’s testimony and custody by the Department suffice; general acceptance of GPS tech means minimal foundation required | Powell’s testimony was conclusory ("we use it in court all the time") and failed to describe the process/system or show accuracy for the specific device/data | Not authenticated: court requires testimony from a witness familiar with the system who describes how records are produced and shows the process produces accurate results; Powell’s testimony was insufficient |
| Whether admission of improperly authenticated GPS records was harmless error | Admission aided linking Wilson to the scene | Erroneous admission prejudiced Brown’s defense | Harmless beyond a reasonable doubt given overwhelming independent evidence of guilt (DNA, confession, cell records, recovered weapons, eyewitnesses) |
Key Cases Cited
- State v. Douglas, 369 S.C. 424 (S.C. 2006) (standards for reviewing evidentiary rulings and abuse of discretion)
- State v. Rich, 293 S.C. 172 (S.C. 1987) (authentication requirement for admissibility)
- State v. Anderson, 386 S.C. 120 (S.C. 2009) (Rule 901 codifies authentication requirements)
- United States v. Washington, 498 F.3d 225 (4th Cir. 2007) (Rule 901(b)(9) requires foundation for machine-generated data by describing process/system and showing accuracy)
- United States v. Brooks, 715 F.3d 1069 (8th Cir. 2013) (GPS data authenticated where witness had vendor training, knowledge of device operation, and could explain accuracy)
- People v. Rodriguez, 16 Cal.App.5th 355 (Cal. Ct. App. 2017) (minimal showing of device operation and accuracy by a knowledgeable witness can satisfy authentication)
- State v. Jackson, 229 N.C. App. 644 (N.C. Ct. App. 2013) (officer testimony describing Omni-Link device operation and accuracy supported authentication)