daught
Well-known member
An iphone would make a great camera then. If you lock it they require a warrant to unlock it.
An iphone would make a great camera then. If you lock it they require a warrant to unlock it.
Also excellent questionI wonder if they can confiscate them until they decide a warrant is required--to prevent evidence from being tampered with?
In my non-criminal HTA court case I questioned why the cop was able to remove the SD card from the camera on my bike and review it. The judge said that it's part of their investigative tools, to examine anything in "plain sight", and my camera was in "plain sight".
The answer didn't sit very well with me. He had to remove the camera from the mount, unlock the battery door and remove the SD card. That's not really what I call plain sight. That'd be like me having my SD card in my trunk and he had to unlock and remove my cowl cover to go in there and get it.
-Jamie M.
In my non-criminal HTA court case I questioned why the cop was able to remove the SD card from the camera on my bike and review it. The judge said that it's part of their investigative tools, to examine anything in "plain sight", and my camera was in "plain sight".
The answer didn't sit very well with me. He had to remove the camera from the mount, unlock the battery door and remove the SD card. That's not really what I call plain sight. That'd be like me having my SD card in my trunk and he had to unlock and remove my cowl cover to go in there and get it.
-Jamie M.
I wonder if they can confiscate them until they decide a warrant is required--to prevent evidence from being tampered with?
But he doesn't know there is an actual SD card in the camera... what gives him the right to unlock and open it to find out?Not even remotely the same.
But he doesn't know there is an actual SD card in the camera... what gives him the right to unlock and open it to find out?
-Jamie M.
Its kinda pointless to have a GoPro without an SD card in it, no?
If a cop saw a nitrous bottle in plain sight does that give them grounds to see if it is pressurized?
Your argument is flawed. Its a camera, recording video onto an Sd card is what it does.
油井緋色;1998272 said:That is ********. A nitrous bottle is prohibited under the HTA itself. No where does the HTA say "cop can take your SD card or recording device" or whatever. Can some lawyer or law student chime in on this? I could've sworn I read somewhere that you cannot confiscate **** unless they are aiding in a CRIME. Speeding is not a crime or we'd all go to jail =P
油井緋色;1998272 said:That is ********. A nitrous bottle is prohibited under the HTA itself. No where does the HTA say "cop can take your SD card or recording device" or whatever. Can some lawyer or law student chime in on this? I could've sworn I read somewhere that you cannot confiscate **** unless they are aiding in a CRIME. Speeding is not a crime or we'd all go to jail =P
Speeding is a summary offence, it's still a crime. If they have "reasonable grounds" they can seize the camera, including anything encased within the camera and components of the camera (on the camera at the time). This includes the SD card. Taking only the SD card is really doing you a favour since they're within their rights to search and seizure to take the whole unit. Then good luck getting it back after trial.
What they CANNOT do is access the information stored on the camera at roadside. The process is to seize the item to prevent evidence tampering>acquire a warrant>pull the data and examine it.
At the end of the day you'll be fighting the "reasonable grounds for search and/or seizure" not the act of seizure itself.
油井緋色;1998349 said:Thank you for an informative and useful post. I wonder if there is an easy way around this, it just seems like a camera would do more harm than good if the police see it.
油井緋色;1998349 said:Thank you for an informative and useful post. I wonder if there is an easy way around this, it just seems like a camera would do more harm than good if the police see it.
油井緋色;1998349 said:Thank you for an informative and useful post. I wonder if there is an easy way around this, it just seems like a camera would do more harm than good if the police see it.
Take the SD card out and put it in your pocket.