4 ms·

Honest question: Has anybody used telemetry from a personal wearable device in the context of using it as proof of testimony, or something akin to that?

scintill76 11y ago
On a related note, could this backfire if, e.g., you're compelled to give someone your video so they can make a case against you? In a criminal case an American could probably exercise the 5th amendment, but what about a civil case, or insurance claim?
- objclxt 11y ago
  The 5th Amendment wouldn't apply. The 5th Amendment protects against self-incrimination, not incriminating evidence (like a video recording from you dash cam) except in very specific circumstances that aren't applicable here.
  - 6stringmerc 11y ago
    I was wondering about that in a civil suit situation - so the court can compel the evidence be submitted?
    - dogma1138 11y ago
      5th amendment for the most part covers only your testimony and pretty much what's in your head. Any physical evidence can be accessed through a search warrant, and in some cases if it's on your person (e.g. cell phones) without it. Not sure what's the case of a car, but as far as i know if the car is impounded everything in it is admissible evidence. If the car wasn't impounded then the court can order you to produce the recorded footage as evidence, if you refuse then you can be charged with contempt of court, and technically put in jail indefinitely until you comply.
      - 6stringmerc 11y ago
        Thank you for the clarifying reply, I do appreciate getting a better perspective.
ptaipale 11y ago
I've seen a cyclist's helmet cam video that was used by someone to catch a careless car driver - the car did not yield in a crossing though it had a "yield" triangle - the cyclist had to break hard and went over the bar; the car drove away - cyclist made a crime report at police and gave video as evidence - car driver was fined for negligence
- mentat 11y ago
  negligence, wow, hit and run is a crime
  - mayoff 11y ago
    "Went over the bar" doesn't mean a collision. It just means the cyclist went over his handlebar.
    - ptaipale 11y ago
      Right. There was no collision, the cyclist fell because he had to break hard to avoid it, but the car driver did not even notice what happened. The license plate number was visible in the video.
Sanddancer 11y ago
Yes. There have been several cases where GPS data has been used to refute, or attempt to refute speeding tickets, like: http://www.cnet.com/news/man-uses-gps-on-droid-to-refute-speeding-ticket/ http://www.cnet.com/news/man-uses-gps-on-droid-to-refute-spe...

scintill76 11y ago

On a related note, could this backfire if, e.g., you're compelled to give someone your video so they can make a case against you? In a criminal case an American could probably exercise the 5th amendment, but what about a civil case, or insurance claim?

objclxt 11y ago
The 5th Amendment wouldn't apply. The 5th Amendment protects against self-incrimination, not incriminating evidence (like a video recording from you dash cam) except in very specific circumstances that aren't applicable here.
- 6stringmerc 11y ago
  I was wondering about that in a civil suit situation - so the court can compel the evidence be submitted?
  - dogma1138 11y ago
    5th amendment for the most part covers only your testimony and pretty much what's in your head. Any physical evidence can be accessed through a search warrant, and in some cases if it's on your person (e.g. cell phones) without it. Not sure what's the case of a car, but as far as i know if the car is impounded everything in it is admissible evidence. If the car wasn't impounded then the court can order you to produce the recorded footage as evidence, if you refuse then you can be charged with contempt of court, and technically put in jail indefinitely until you comply.
    - 6stringmerc 11y ago
      Thank you for the clarifying reply, I do appreciate getting a better perspective.

ptaipale 11y ago

I've seen a cyclist's helmet cam video that was used by someone to catch a careless car driver - the car did not yield in a crossing though it had a "yield" triangle - the cyclist had to break hard and went over the bar; the car drove away - cyclist made a crime report at police and gave video as evidence - car driver was fined for negligence

mentat 11y ago
negligence, wow, hit and run is a crime
- mayoff 11y ago
  "Went over the bar" doesn't mean a collision. It just means the cyclist went over his handlebar.
  - ptaipale 11y ago
    Right. There was no collision, the cyclist fell because he had to break hard to avoid it, but the car driver did not even notice what happened. The license plate number was visible in the video.

Sanddancer 11y ago

Yes. There have been several cases where GPS data has been used to refute, or attempt to refute speeding tickets, like: http://www.cnet.com/news/man-uses-gps-on-droid-to-refute-speeding-ticket/ http://www.cnet.com/news/man-uses-gps-on-droid-to-refute-spe...