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Having dealt directly with search warrants for a number of years I can say that it's not quite as crazy as it seems (at least as a legal matter). Just because t

Having dealt directly with search warrants for a number of years I can say that it's not quite as crazy as it seems (at least as a legal matter). Just because the police can get the evidence one way doesn't mean that they're required to. My comment above describes a similar situation. I actually think the legal issue that might end up hanging San Fran PD (or others) up is that a search warrant must provide facts that would let a judge determine that the place to be searched (in this case the stored memory of the car) is likely to contain evidence of the commission of a crime. If I correctly understand how the Tesla Sentry Mode works then it's not literally always recording everything. And if that's the case then the PD will have to show not only that the Tesla was near the scene of the crime (or near something else that would be evidence, e.g., suspect leaving home at a certain time), but would also have to show that they have good reason to believe that the Tesla was actually recording at the time. Whether they can make that showing seems likely to vary considerably between particular courts, but I guess we'll find out.

yreg 2y ago
> Just because the police can get the evidence one way doesn't mean that they're required to. I'm not American, but I would hope that when they have a choice between taking somebody's usb stick away or taking somebody's car + usb stick away, they should be required to do the former. Especially when that somebody is an innocent bystander. > If I correctly understand how the Tesla Sentry Mode works then it's not literally always recording everything I can clarify this part. The sentry mode records a short clip when the car is parked AND it has over 20% battery AND it detects some movement around car. The dashcam is recording when driving, but only the last hour or so is kept around. Of course both sentry and dashcam can be turned off or the usb stick might not be inserted or there can be a technical issue, but in general drivers usually keep them on in public. So based on what you are saying the police have to convince the judge that it's likely that something interesting happened very close to the parked car (triggering sentry mode recording).
- pcaharrier 2y ago
  > I can clarify this part. The sentry mode records a short clip when the car is parked AND it has over 20% battery AND it detects some movement around car. The dashcam is recording when driving, but only the last hour or so is kept around. Of course both sentry and dashcam can be turned off or the usb stick might not be inserted or there can be a technical issue, but in general drivers usually keep them on in public. Thanks for the clarification. Confirms my hunch that this practice is in for legal challenges the first time a lawyer with a little more technical knowledge runs up against it.

yreg 2y ago

> Just because the police can get the evidence one way doesn't mean that they're required to. I'm not American, but I would hope that when they have a choice between taking somebody's usb stick away or taking somebody's car + usb stick away, they should be required to do the former. Especially when that somebody is an innocent bystander. > If I correctly understand how the Tesla Sentry Mode works then it's not literally always recording everything I can clarify this part. The sentry mode records a short clip when the car is parked AND it has over 20% battery AND it detects some movement around car. The dashcam is recording when driving, but only the last hour or so is kept around. Of course both sentry and dashcam can be turned off or the usb stick might not be inserted or there can be a technical issue, but in general drivers usually keep them on in public. So based on what you are saying the police have to convince the judge that it's likely that something interesting happened very close to the parked car (triggering sentry mode recording).

pcaharrier 2y ago
> I can clarify this part. The sentry mode records a short clip when the car is parked AND it has over 20% battery AND it detects some movement around car. The dashcam is recording when driving, but only the last hour or so is kept around. Of course both sentry and dashcam can be turned off or the usb stick might not be inserted or there can be a technical issue, but in general drivers usually keep them on in public. Thanks for the clarification. Confirms my hunch that this practice is in for legal challenges the first time a lawyer with a little more technical knowledge runs up against it.