The Photos the the Defense has with the Time stamps were not confisicated by the Police or investigators.
Nifong didn't get them. It's not known that they were taken with a cell-phone or Camera.
It's a camera or Cell-phone that wasn't in the house at the time the search warrants were executed. It could've been a a players car that didn't live at the Buchanan house and there are still persistent rumors that there were people that attended the party that were not on the team.
Abrams said the Lead investigator approached NBC about viewing the time-stamped photos, but they wanted to see them unaltered and the NBC affilate only had altered photos. Abrams was allowed to view UNaltered photos, but only the altered photos were left for NBC to disseminate.
It seems to me the lead investigator would have no trouble obtaining either a subpoena or search warrant for such critical evidence. For that matter, the defense offered them to the DA, and he refused.
Sounds like Nifong wanted to know if he could use anything against the players, without being in a position of having to acknowledge exculpatory evidence.