dash cam

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bobajob
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dash cam

by: bobajob on
Tue Feb 28, 2017 7:21 am

HI guy's 2 questions:

1> I'm going to get a dashcam installed (behind the mirror) discretely.
If there is an issue with an LEO, if I say "I have it all on dashcam" can the leo confiscate it or the sim card under grounds of evidence, (I'm thinking to protect himself)
or should I keep "schtum" and produce said evidence at court, I'm thinking if its a my word against the LEO's he may let me off before it gets to court

2> If I witness an accident/crime same thing, can an LEO confiscate my device or should I contact the police later with the sim chip

I dont wanna loose my device for any length of time.

also,
the Off Topic forum, say's I don't have permission, there are also 0 posts showing in there

txs
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


EphOph
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by: EphOph on
Tue Feb 28, 2017 8:22 am

Why would you tell the police officer you have a dash cam? He is giving you a ticket because he believes you committed an offence, and notifying him that you have evidence to the contrary won't help you. If anything it will cause him to take more detailed notes and remember the encounter; things that you don't want to happen. Also you may see that upon viewing the video it supports the officer's position. I don't believe they can legally steal it from you but why take the chance? If you have video that PROVES your innocence without a doubt, show it to the prosecutor at early resolution.

As for evidence upon witnessing something, yes, I would contact them later with a copy of the video. Again, why take the chance. Even if they only take the storage media at the scene, you are left without your dashcam recording until you are able to get another one.


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bobajob
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by: bobajob on
Tue Feb 28, 2017 8:52 am

Txs for the prompt reply, some good points.

I'm thinking in an obvious issue, where you could tell (lets give an example) stop sign, you know you stopped, leo says you didnt
(There was an actual thread on this one) I could say, "with all due respect I did stop I have it on dash cam would you like to see it?"
It would save me having to go to court, the courts are not going to pay back my lost earning etc.

I guess, you do make a good point also on the
" Also you may see that upon viewing the video it supports the officer's position. "

something to think about,
you do hear about LEO's confiscating stuff under the old "that's evidence and I can take it, you cant stop me, otherwise I'll do you for obstruction"

cheers
EphOph wrote:Why would you tell the police officer you have a dash cam? He is giving you a ticket because he believes you committed an offence, and notifying him that you have evidence to the contrary won't help you. If anything it will cause him to take more detailed notes and remember the encounter; things that you don't want to happen. Also you may see that upon viewing the video it supports the officer's position. I don't believe they can legally steal it from you but why take the chance? If you have video that PROVES your innocence without a doubt, show it to the prosecutor at early resolution.

As for evidence upon witnessing something, yes, I would contact them later with a copy of the video. Again, why take the chance. Even if they only take the storage media at the scene, you are left without your dashcam recording until you are able to get another one.
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


argyll
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by: argyll on
Tue Feb 28, 2017 9:07 am

If it were for a highway traffic matter I can't imagine a JP being at all happy with a copper taking a dash cam. If it were something criminal, dangerous driving causing death for example, then the evidential value would be there to justify doing so.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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bobajob
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by: bobajob on
Tue Feb 28, 2017 10:20 am

argyll wrote:If it were for a highway traffic matter I can't imagine a JP being at all happy with a copper taking a dash cam. If it were something criminal, dangerous driving causing death for example, then the evidential value would be there to justify doing so.
txs bud
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jsherk
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by: jsherk on
Tue Feb 28, 2017 12:51 pm

Personally I would not tell them I was recording anything.

As a side note, some dashcams can display information on the recording like vehicle speed. Unless you routinely drive at or under the speed limit, then you do not want that information on the recording.
+++ This is not legal advice, only my opinion +++


Whenaxis
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by: Whenaxis on
Tue Feb 28, 2017 1:00 pm

I would think that the officer would need a warrant to seize the dashcam (or to look through the data), unless you voluntarily give it to them.

I'm not entirely sure, but I think if they charge you with a criminal offence (i.e. dangerous driving, impaired driving) and arrest/detain you, then I believe that they can search and seize items in your vehicle without a warrant if there are reasonable grounds to do so (i.e. evidence of the offence). Again, I'm not entirely sure.


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bobajob
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by: bobajob on
Tue Feb 28, 2017 1:35 pm

ahhh yes correct they do, I would probably remove that functionality, or if not,
get a different one.

I'm actually looking at the Thinkware F50
jsherk wrote:Personally I would not tell them I was recording anything.

As a side note, some dashcams can display information on the recording like vehicle speed. Unless you routinely drive at or under the speed limit, then you do not want that information on the recording.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


EphOph
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by: EphOph on
Wed Mar 01, 2017 10:10 am

What about this scenario:

Driver: "I have recorded this on dash cam."
Officer: "Nice dash cam you have there. Looks like a radar detector to me."

Then they "accidentally" delete the video before returning the device to you.


argyll
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by: argyll on
Wed Mar 01, 2017 11:49 am

Wow
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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bobajob
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by: bobajob on
Mon Mar 06, 2017 7:48 am

stranger things have happened, if you believe youtube

mind you, the f50 has a removable sim card, so I could pull it just after I've been stopped ;)
EphOph wrote:What about this scenario:

Driver: "I have recorded this on dash cam."
Officer: "Nice dash cam you have there. Looks like a radar detector to me."

Then they "accidentally" delete the video before returning the device to you.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jsherk
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by: jsherk on
Mon Mar 06, 2017 8:15 am

Then how can you record the actual interaction while pulled over?

Again in my opinion it is just best to not mention it.
+++ This is not legal advice, only my opinion +++


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bobajob
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by: bobajob on
Mon Mar 06, 2017 9:19 am

that is also true,
mind you I'm using the cam for traffic incidents mainly, but good points
jsherk wrote:Then how can you record the actual interaction while pulled over?
Again in my opinion it is just best to not mention it.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


PounDDer
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by: PounDDer on
Mon Mar 06, 2017 11:56 am

I have had a dashcam for many years. It has come in handy a couple of times as I drove a commercial vehicle for a while. Once I had a guy lay on the street infront of me and Yonge and Dundas and claim I hit him. The cops were laughing already as they walked over, so I mentioned I had it on tape and they just reviewed it, I gave my information, but never hear another thing.

During the Pan Ams I had a pass to be in the HOV lanes and was pulled over by OPP. He came storming over, clearly annoyed that I was in that lane. I let him rant for a minute then I mentioned I had a pass. He then tried to say it was not mounted and I told him "give me the ticket then, and my dashcam will show the reflection of it mounted". He said "what camera?" and my reply was "the one filming us right now". He changed his tune and went on about how hard it was to see the passes.

I have a few other stories but I don't want to type an essay. They are great to have and I actually bought it because of my mistrust of the police. I point it directly at the officer and if they were to demand I hand it over I would refuse and ask for a supervisor.


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bobajob
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by: bobajob on
Mon Mar 06, 2017 1:34 pm

hey man, txs for that !
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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