Do I have to give it up?

Discussion in 'Dash Cams' started by frankred, Jul 29, 2015.

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  1. frankred

    frankred Getting the hang of it

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    I drive a lot for work. I often think about getting a dash cam. One of my concerns is whether I would have to surrender the memory card in case of an accident in which I was at fault. I am pretty sure the answer is yes, but I would like to hear what others have to say on this...

    Thanks!
    John
     
  2. fenderman

    fenderman Staff Member

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    Just pull the dashcam off the window after an accident (if you are physically able to). They cannot make you surrender anything at that point. Watch the video later. If its to your benefit, disclose it.
     
  3. frankred

    frankred Getting the hang of it

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    Simple as that? I thought they can make you surrender your phone and other evidence. I guess there could be law that is written specifically to phones that doesn't apply...
     
  4. fenderman

    fenderman Staff Member

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    They cannot do that unless they believe a crime has been committed.. They would generally need a warrant as well.

    Sent via Taptalk
     
  5. corkangel76

    corkangel76 Getting the hang of it

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    Check with your local jurisdiction, call the NON emergency number of your local highway patrol / state troopers and just ask a "what if" question...
     
  6. Git

    Git Banned

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    The problem with that - what if you had the dashcam mounted where it possibly obstructed your view (or the other side could argue that it obstructed your view) and now you removed it....

    I think you would be fine if you just removed the sd card or whatever storage system it used. Although if you felt the other party was clearly in the wrong, I would just leave well enough alone. In a serious enough accident - I could see some sleeze ball attorney argue that you edited the video or something. If you left in the car, there would be an established 'chain of custody'

    A lot is going to depend on the seriousness of any injuries and if any laws were broken

    Don't forget in a major incident the Event Data Recorder that are in most modern vehicles is going to have all kinds of data that could be used against you / help you
     
  7. fenderman

    fenderman Staff Member

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    They would need to first prove where the dash cam was mounted and then hire an accident reconstruction expert to prove that the placement was in fact a contributing factor to the accident - this is rarely done for any accident let alone the specific issue of the placement of the camera. My dashcam sits behind the rearview mirror and cannot be seen from the driving position. The video would absolutely be admissible as evidence as you will be there to authenticate it.
     
  8. johngalt

    johngalt Getting the hang of it

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    Or what if it's a nasty accident and you don't wake up until you're in an ambulance or hospital?
     
  9. fenderman

    fenderman Staff Member

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    They would still need a warrant to pull the dash cam...unless there is a death the "investigation" is non existent.
    Regardless dont drive like an idiot and the dashcam can only help you.
    Give it some time and they will have an encryption option for the dashcams. If you are really paranoid you can wire it up so that the cam is not readily visible...
     
  10. Git

    Git Banned

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    I used to be an 'accident reconstruction expert' before I retired several years ago.

    When it comes to a criminal investigation - unfortunately a 'death' (accidentally running over a bicylicst, etc) ranks pretty low, usually just a misdemeanor manslaughter unless there is some sort of gross negligence involved

    Now when it comes to a repeat DUI offenders that causes a fatal accident - that is a different story, and they would probable be looking at 2nd degree murder charge.

    Where I worked, any serious injury, fatal or major felony would result in the immediate seizure of all the involved vehicles for a comprehensive mechanical inspection. If charges were filed, the vehicles (and their contents) would be held as evidence - until the trial concluded, which would usually take over a year. Only authorized personnel touched the vehicle once the police were on the scene.

    If I found out that someone had deliberately removed a dash cam before we got there and didn't say anything about it - well, that would almost be like Tom Brady and his cell phone :)

    A personal injury suit - is where they would rake you over the coals

    Fenderman - you must live in the sticks somewhere, because this is pretty much standard procedure - especially in S Cal
     
  11. JDWX

    JDWX Getting the hang of it

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    Where I live, in Cleveland, there is pretty much no invest where they would impound a car or contents other than some sort of a fatal/felony/hit and run, or if the driver of the vehicle was dead and they had to tow it, even then they'd not really look it over other than at the scene or a quick investigative exam at the impound. It's likely it would merely be left to an impound lot till it was transferred to the insurance company... I guess we're in the sticks ;) Our guys do a basic crime scene invest if it's bad and AIU/SIU gathers info at the scene.

    Only an insurance company might look to the ECM/BCM for evidence to get out of paying a claim. State Highway Patrol may have the ability to have someone work with that, but that would have to be with a serious highway fatal or commercial vehicle involved fatal. I've never heard them look into a private vehicle's ECM/BCM The local cities definitely here do not have access to that technology. That's a private investigator / insurance company area.

    I wreck out, I'll keep my discrete cam (quietly) till I have access to view and decide if it benefits me.