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I normally take the SD card off the camera when I don't record anything but they can still catch you when you are in recording mode ;-)
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I normally take the SD card off the camera when I don't record anything but they can still catch you when you are in recording mode ;-)
Buy a HD ghost it record 5min back so if you like the past couple mins stop your bike hit loop record, done take out your sd card put in a new one off you go have fun.
.In Canada they can use it against you,not sure if they can take for for traffic laws.I do know a couple people who leave there cameras going just incase they could use it to get out of the ticket.
.In Canada they can use it against you,not sure if they can take for for traffic laws.I do know a couple people who leave there cameras going just incase they could use it to get out of the ticket.
White13Pani
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We can discuss this at dinner Friday night lol.
Typically, no. A police officer can't just approach you and snag your GoPro. There are many legal exceptions though.
Google- fruits of the poisonous tree. So if its unlawfully procured, all evidence gained from that evidence and because of it, is thrown out of court.
Typically, no. A police officer can't just approach you and snag your GoPro. There are many legal exceptions though.
Google- fruits of the poisonous tree. So if its unlawfully procured, all evidence gained from that evidence and because of it, is thrown out of court.
Nothing is more humorous to me than the Larry lawyer types of the internet.
Pani, you "googled" on legal term and can opine on it. Fruits of the poisonous tree might invalidate the camera evidence in the scope of how it was obtained, but it would not invalidate the original officer testimony of the violations he observed. It would only strengthen his case, but if it was invalidates in an evidentiary hearing then the case would not just go away, only that evidence would be suppressed.
No where in here did we say an Officer could approach you and "snag your go pro"...If it was evidence of the crime that he was investigating and attached to the bike recording the alleged event, then most certainly he can "snag your go pro."
And the act of attempting to conceal the go pro would even more substantiate the need to obtain the go pro for evidence.
But if it was a bottle of Locktite blue under your locked passenger seat cover and he wanted it, he would need a signed warrant.
NOLA
They don't need a warrant.
Probable cause is wide and vast at how they can exercise this law.
Nothing is more humorous to me than the Larry lawyer types of the internet.
But if it was a bottle of Locktite blue under your locked passenger seat cover and he wanted it, he would need a signed warrant.
NOLA
Yet you just do the same thing you state is humorous lol with that phrase.
All the cop has to do is state I smell weed and he is in that locked compartment without a warrant. They abuse probable cause frequently
Its the same as them opening up your locked trunk.
With all that trash stated, if your doing nothing wrong, you have nothing to worry about. It always made me nervous when I had my go pro because I knew if I wrecked or was pulled over, I was leaving myself open.
But I am not Larry lawyer, I HAVE a legal background, this is not just my two cents. I am stating the law (Louisiana anyway), not just repeating some youtube video I saw or something "this guy" once told me.
But now you are moving from legalities to malfeasance. The conversation was about them legally seizing a camera. Now your aluminum foil hat is shifting and you are trying to turn this into a illegal search and seizure by the cops, that "frequently" abuse P.C. Be a cop hater all you want, I was just stating the law for them to take the camera.
And im stating laws regarding search and seizure.
If a cop thinks there is evidence on that camera, he will end up with it.
And yes laws vary state to state on how far LEO can run with it.
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In the case I was talking about revolved around the footage contained in the camera not the seizure of the camera itself. They can only ticket you for what they witnessed you doing. If the footage does not permit you to be identified it's a no go
In any case, street riding with the Gopro on "record" is prolly not the brightest idea and them getting caught just a case of natural selection weeding out weaker subjets.
In any case, street riding with the Gopro on "record" is prolly not the brightest idea and them getting caught just a case of natural selection weeding out weaker subjets.
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I'm in the legal profession, also work and reside in NYC. The police can take your camera and use it against you. You must first be arrested, then the police would have to get a warrant. The same thing goes for camera phones. People love to take incriminating pictures of themselves. My advice is not record yourself if you are breaking the law.
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Exactly Mark. Obviously not familiar with the Law in the States, but here traffic offenses are just that, offenses (within reason) not technically crimes (misdemeanors as opposed to felonies).
Semantics I suppose, one man's crime is another man's good night out.
BTW there is a Utube clip out there of a Cop taking a camera from a UK biker. He was trying to hide it with his gloves (mounted on the tank) when stopped after members of the public had complained about him and his mates.
Definitely keep the clocks out of frame.
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Jeeze Nola the chap's just asking a question
Just cause you don't have a background in arseholes doesn't mean you can't be one......................
BTW can't remember the name but I was looking at a HD camera designed for extreme sports, can record straight to your mobile phone, so no need to have an SD card in the slot at all, just looks like it's off, problem solved
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came in late but it's probably already been said.
not sure how the police would verify the date, time, and location off your gopro video which you could tamper with. surely they can't write a ticket for watching a video of something that might have happened last year. how long do they have? and if the city police is watching video of a violation that occured in another jurisdication, then what?
finally how are they supposed to know for sure who was operating the vehicle at the time of the infraction?
i guess 90% of the people (and that included people on this forum) will simply give the police what they ask for, consent to a search, discuss their actions, and admit to any and all infractions so cops don't need a warrant if you simply let them have it.
but think about it. everybody has a cellphone. and a cellphone can provide clues to where a person has been and it might even have gps information on it. basically an officer can confiscate the cellphone of every speeder he encounters in order to search for evidence, no? I don't think so. I do not believe it is reasonable. However it may be reasonable to witness an infraction and then search the camera for evidence where it may not be reasonable to search the car's computer for logs, etc.
If I were an officer and I saw a sportbike with a camera mounted, I would stop that bike (you can always find a reason to stop someone) and I would simply confiscate the camera and search it for a crime. No matter if it were off or the card was erased, I think the lab might be able to recover something. So I take it. Why doesn't that happen? Isn't it true when you impound a vehicle you can search incident to arrest in order to inventory the items but not search?
My point is everybody has something in their car or on their person that may be helpful to an investigation. But a person has a right against self-incrimination and has a right to their property and their papers and something tells me unless it's an outright crime you are arrested for, you're going to have a hard time digging into my property without a warrant. i mean, everybody has a gps installed or mounted on the windshield of their car, do the cops have a right to check those to see if you were speeding yesterday? nope. not even if they saw you speeding yesterday and couldn't catch up to you until today.
my 2 cents, ianal. good discussion.
not sure how the police would verify the date, time, and location off your gopro video which you could tamper with. surely they can't write a ticket for watching a video of something that might have happened last year. how long do they have? and if the city police is watching video of a violation that occured in another jurisdication, then what?
finally how are they supposed to know for sure who was operating the vehicle at the time of the infraction?
i guess 90% of the people (and that included people on this forum) will simply give the police what they ask for, consent to a search, discuss their actions, and admit to any and all infractions so cops don't need a warrant if you simply let them have it.
but think about it. everybody has a cellphone. and a cellphone can provide clues to where a person has been and it might even have gps information on it. basically an officer can confiscate the cellphone of every speeder he encounters in order to search for evidence, no? I don't think so. I do not believe it is reasonable. However it may be reasonable to witness an infraction and then search the camera for evidence where it may not be reasonable to search the car's computer for logs, etc.
If I were an officer and I saw a sportbike with a camera mounted, I would stop that bike (you can always find a reason to stop someone) and I would simply confiscate the camera and search it for a crime. No matter if it were off or the card was erased, I think the lab might be able to recover something. So I take it. Why doesn't that happen? Isn't it true when you impound a vehicle you can search incident to arrest in order to inventory the items but not search?
My point is everybody has something in their car or on their person that may be helpful to an investigation. But a person has a right against self-incrimination and has a right to their property and their papers and something tells me unless it's an outright crime you are arrested for, you're going to have a hard time digging into my property without a warrant. i mean, everybody has a gps installed or mounted on the windshield of their car, do the cops have a right to check those to see if you were speeding yesterday? nope. not even if they saw you speeding yesterday and couldn't catch up to you until today.
my 2 cents, ianal. good discussion.
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Can they, yes. Is it likely, no.
But if they do, you will be spending a lot of money trying to get out of what's on the camera. My people don't record boring things (ie, not illegal). I stopped running my go pro on my 1199 b/c I have it mounted on the tank and it clearly showed the dash. I got scared that it would be used against me in a court of law.
I have been charged with two felonies in KY when all I was doing was speeding on the 1199 last summer. Cop felt that I was endangering the public.
Most tickets are just citations (minor misdemeanors).
Disclaimer: Not a lawyer, but paid plenty of them for assistance.
But if they do, you will be spending a lot of money trying to get out of what's on the camera. My people don't record boring things (ie, not illegal). I stopped running my go pro on my 1199 b/c I have it mounted on the tank and it clearly showed the dash. I got scared that it would be used against me in a court of law.
I have been charged with two felonies in KY when all I was doing was speeding on the 1199 last summer. Cop felt that I was endangering the public.
Most tickets are just citations (minor misdemeanors).
Disclaimer: Not a lawyer, but paid plenty of them for assistance.
True, some good points there Ken !...but again, thats straying from the topic...Of course there are lots of devices to track your actions, the vast majority of America cars have "black boxes" that are accessible thru the OBD-II port. Most people dont know about it and what it records in a crash, in THAT case the Officer will need a warrant, post crash, to show seatbelt use, braking, and acceleration data pre crash. THATS something you need a warrant for because its intrusive.
TAKING the camera, thats clearly mounted on the bike to record the driver's violations is a totally different story, that we are discussing here.
And the same guys who are the ones perpetuating the same old worn out rumors like "if he doesnt sign in the right spot its invalid", "if the date isnt written correctly its invalid", "He didnt put his badge number on it, it never happened"...Those are the ones that say "well prove that was today", "How do you know its me riding", "it didnt occur in your jurisdiction"....etc etc, ad nauseum, are the ones that wear tinfoil hats, believe Bush planned 9/11 and are found GUILTY in court. Its all that...trying to say something enough to make it the truth.
When those guys are asked "Ok, so it wasnt you...The tape recorded you being stopped at 1:23 pm, you were on the bike at 1:22pm, it wasnt you ?" Even hearing the sirens in the background. And the tape doesnt stop once, nor does the rider get off the bike, but doing 85 in a 20 was someone else on the bike ? Ok, it wasnt his jurisdiction, cool...Give me 5 minutes and State Police will be enroute.
Its just all stupid ... arguments by someone that is "trying" to use a technicality instead ADMITTING HE DID IT !...Thats what ticks me off about this. All these characters will try and find out 100 ways to game the system and play hide the .... with the cops, but refuse to take responsibility for their actions.
Sorry for the rant. And WhitePani, and Mark...sorrrrryyyyy if I came off kinda abrasive. Its hard to hear my tone over this. I really didnt mean it mean
I DO have a hurt feelings report though.NOLA
Ken, P.S....the cellphones dont contain the data of where the driver has been. The cell companies do, its in the towers, not the handset. The only good the handsets are for is when a ...... driver kills someone in a crash because they are texting. Then the cops can look on the handset and see what was so important that they needed to text.
(And I KNOW you guys have to be as tired as I am with people texting and driving and drifting into your lane)
NOLA
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Just pull over and don't say anything to the police officer because anything you say to the police CANNOT Help you period.
Dont Talk to Police - YouTube
Dont Talk to Police - YouTube
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Thanks for posting this - you beat me to it - every word here is gold.
Thats actually pretty impressive...in under two minutes the good liberal professor (No offense to the two Cali guys on this thread) acknowledged that we have a bill of rights (which liberals use when it fits their side), he was a criminal defense atty (no surprise there), insulted the cop in the room, and in a sly way bashed Christians while acknowledging his former student kept her mouth shut to Congress.
Thats a lot of banter in 2min.
I'm still watching.
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