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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 America
by 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 agoThe 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 agoI was wondering about that in a civil suit situation - so the court can compel the evidence be submitted?
- dogma1138 11y ago5th 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 agoThank you for the clarifying reply, I do appreciate getting a better perspective.