Dash cam use as evidence?

[Golluk]

It seems we have a few members here whose work brings them into traffic court regularly. I'm curious if any cases have come up where a dash cam recording of an incident has been used as evidence? I'm also curious what rights you would have if an officer requested the device? Would they require your permission? A warrant?

 

[Bike Cop]

I think you're on the right track. You've already called the recording what it is, evidence. The first question I would ask is, "what is it evidence of?" ie. provincial offence, or a criminal offence. Next is, does the 'evidence' on the recording device exist anywhere else, or is it the only source? If it is the only source for that particular evidence, then it is an exigent circumstance that it be seized immediately, to save it from being discarded or deleted.

Anything that is seized without a warrant is subject to a document called a report to a Justice, where an officer must declare before a Justice of the Peace that he seized something without a warrant, and thereby request permission to hold onto the item for a determined amount of time. If that is granted, the officer must write a search warrant to obtain the actual data from the device, whether it's a recording, or GPS data, etc.

The search warrant must answer three specific questions:
1) What is the alleged offence?
2) Where is the device?
3) Will searching the device produce evidence of the offence listed in #1?

If the warrant is granted, the device can be searched (forensically), and the evidence contained within can be used in court. From this point on, the evidence as well as the warrant itself can be cross-examined.

To answer your questions, yes this has been done before. It can produce some spectacular evidence, which in my experience has been the difference between a lengthy trial and a guilty plea. If the device contains evidence, and there is a risk that it could be lost if the officer lets you leave with it, there is a high probability that it's going to be seized, without your permission. But as mentioned, a warrant is required to view the evidence (as a result of a search).

Fun story: I seized a GPS unit from a vehicle where the driver was arrested for impaired driving. The GPS showed his speed to be 186.4km/h seconds prior to the traffic stop. It was a lot of paperwork, but I would rather spend a day writing a warrant, than spend the day being grilled on the stand in court.

 

[DownUnder]

Should just drive around with a customs officer Bike Cop. Those guys dont need to go through any of that to look through your phone/laptop etc etc lol.

 

[hedo2002]

Just to expand on Bike cops excellent explanation. All that applies if the evidence is to be used by the crown.

However, if the roles are reversed and say a rdier wants to use the video footage to exonerate themselves, (IE the video shows that the speedometer was registering a lower speed than the offence), this could be a VERY uphill battle to have it used as evidence. The video would have to contain some form of time/date stamp, as well as location of the video in relation to where the traffic stop occurred. Plus you would be required to provide the crown with at the very minimum a copy of the video to review pre trial.

Having a video can be a true double edged sword, in that it can provide exculpatory evidence but the other side is it can also assist the crown in their case.

LOL @ downunder. no need for a CBSA agent to ride along there are govt agencies that already have you on real time satellite..lmao

 

[Rob MacLennan]

Just to expand on Bike cops excellent explanation. All that applies if the evidence is to be used by the crown.

However, if the roles are reversed and say a rdier wants to use the video footage to exonerate themselves, (IE the video shows that the speedometer was registering a lower speed than the offence), this could be a VERY uphill battle to have it used as evidence. The video would have to contain some form of time/date stamp, as well as location of the video in relation to where the traffic stop occurred. Plus you would be required to provide the crown with at the very minimum a copy of the video to review pre trial.

Having a video can be a true double edged sword, in that it can provide exculpatory evidence but the other side is it can also assist the crown in their case.

LOL @ downunder. no need for a CBSA agent to ride along there are govt agencies that already have you on real time satellite..lmao

It would be better used to refute evidence given by the officer, than as evidence in and of itself. For example if the officer claims to have followed you for X period of time but you have evidence that shows otherwise, that could be used to call his testimony into question. Cases start falling apart for less than that.

 

[Brian P]

If the video continues recording into the time that the officer actually pulls over the vehicle, one would think that this would suffice to show the time and location.

 

[kiwi]

Interesting discussion. Some of these new dashcams come with gps tracking built in.. Etc. I wonder how long before these are built into new cats. I'd say within 5yrs we'll see it Std in "loaded" models.