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How long does it take for them to subpoena you? That is if I were in an accident, and they don't physically confiscate the memory drive, could you extract any

How long does it take for them to subpoena you? That is if I were in an accident, and they don't physically confiscate the memory drive, could you extract any video that supports your case and delete the rest before they request it? I figure this happens with police dashcams and bodycams all the time.

dogma1138 11y ago
If the police is on the scene they don't even need a subpoena they can search the car and confiscate the memory card. If you destroy the contents of the card it doesn't look good, that fact can be brought up against you (tampering with a car that was involved in an accident especially one with casualties could potentially be a crime on it's own). If you present only the snippets that support your case the other party will petition the court to for you to present the unedited video if you cannot the entire thing will most likely be thrown out (the other side might be able to present the fact that you have attempted to present an edited video and have discarded the raw footage which will likely not fair well with a jury). Not to mention that having the video it self could put you at risk of perjury or being found in contempt if you try to do anything after the fact.
- lr4444lr 11y ago
  They need probable cause to do that in most places. Also, there's nothing stopping you from quickly dismounting it before you pull over and shoving it under the seat, saying you don't have it if asked what the dangling wire is, and refuse to consent to a search if the officer doesn't believe you. If your car is forcibly searched anyway, it will almost surely be inadmissible, and might even help your whole charge get thrown out.
  - dogma1138 11y ago
    I was pretty clear that I am referencing only cases when a vehicular accident has occurred in that case they have all the probable cause they need. BTW if the officer doesn't believe you it could lead to a probable cause, please do not base your strategy on having to give a false statement to a law enforcement agent.
    - lr4444lr 11y ago
      A police officer cannot search your car under the presumption that you might be lying about something that might connect to a dash cam that might have been installed and running at the time of the accident that you might erase if he lets you go. Unless someone's died at the scene or was seriously injured or your appear to be engaging in some illicit activity like driving stoned, it's a pretty tenuous defense against your 4th amendment rights first to search your car, then seize your property. Not to mention the complications of the right not to incriminate yourself.
    - djrogers 11y ago
      Simply being involved in an accident is not probable cause for a search of your vehicle.
      - dogma1138 11y ago
        "...in emergency situations which threaten public safety or the loss of evidence." Which gives a police officer the cause they need to search the car if they believe there has been a documentation of the accident and you do not come forth when questioned. Beyond that if an investigative officer has been called to the scene of a car accident they do have the right to search all vehicles involved. In fact they have several rights beyond that including towing your car to the police impound and doing what ever they need to it, in any accidents in which there were casualties it's standard procedure as the car will be checked mechanically by the police.
- Zombieball 11y ago
  Interesting! I suppose given the DIY nature of this project you could trivially have it record in a 15minute loop or something to limit how much you share.
gherkin0 11y ago
Wouldn't that be destruction of evidence? I don't think you're allowed to destroy things if you anticipate a subpoena.
- deleted 11y ago
  [deleted]

dogma1138 11y ago

If the police is on the scene they don't even need a subpoena they can search the car and confiscate the memory card. If you destroy the contents of the card it doesn't look good, that fact can be brought up against you (tampering with a car that was involved in an accident especially one with casualties could potentially be a crime on it's own). If you present only the snippets that support your case the other party will petition the court to for you to present the unedited video if you cannot the entire thing will most likely be thrown out (the other side might be able to present the fact that you have attempted to present an edited video and have discarded the raw footage which will likely not fair well with a jury). Not to mention that having the video it self could put you at risk of perjury or being found in contempt if you try to do anything after the fact.

lr4444lr 11y ago
They need probable cause to do that in most places. Also, there's nothing stopping you from quickly dismounting it before you pull over and shoving it under the seat, saying you don't have it if asked what the dangling wire is, and refuse to consent to a search if the officer doesn't believe you. If your car is forcibly searched anyway, it will almost surely be inadmissible, and might even help your whole charge get thrown out.
- dogma1138 11y ago
  I was pretty clear that I am referencing only cases when a vehicular accident has occurred in that case they have all the probable cause they need. BTW if the officer doesn't believe you it could lead to a probable cause, please do not base your strategy on having to give a false statement to a law enforcement agent.
  - lr4444lr 11y ago
    A police officer cannot search your car under the presumption that you might be lying about something that might connect to a dash cam that might have been installed and running at the time of the accident that you might erase if he lets you go. Unless someone's died at the scene or was seriously injured or your appear to be engaging in some illicit activity like driving stoned, it's a pretty tenuous defense against your 4th amendment rights first to search your car, then seize your property. Not to mention the complications of the right not to incriminate yourself.
  - djrogers 11y ago
    Simply being involved in an accident is not probable cause for a search of your vehicle.
    - dogma1138 11y ago
      "...in emergency situations which threaten public safety or the loss of evidence." Which gives a police officer the cause they need to search the car if they believe there has been a documentation of the accident and you do not come forth when questioned. Beyond that if an investigative officer has been called to the scene of a car accident they do have the right to search all vehicles involved. In fact they have several rights beyond that including towing your car to the police impound and doing what ever they need to it, in any accidents in which there were casualties it's standard procedure as the car will be checked mechanically by the police.
Zombieball 11y ago
Interesting! I suppose given the DIY nature of this project you could trivially have it record in a 15minute loop or something to limit how much you share.

gherkin0 11y ago

Wouldn't that be destruction of evidence? I don't think you're allowed to destroy things if you anticipate a subpoena.

deleted 11y ago
[deleted]