# Dashcam recording software, playback in the car and the Law



## GDN (Oct 30, 2017)

I'm looking forward to this, but we all should not forget that recorded video can work for you and against you. I don't believe an officer could demand you play something back without a warrant. However if they believe you've recorded something and then you delete it, does it then become tampering with evidence?


----------



## JasonF (Oct 26, 2018)

GDN said:


> I'm looking forward to this, but we all should not forget that recorded video can work for you and against you. I don't believe an officer could demand you play something back without a warrant. However if they believe you've recorded something and then you delete it, does it then become tampering with evidence?


If the police are investigating a crash, they can already take the USB drive from your car and play it back on their in-car laptop, so it makes very little difference if they simply play it back in yours. The same goes for insurance investigators.

There might be a little more difficulty in less technically minded jurisdictions, though. If a crime is committed in the vicinity of Sentry Mode, and a judge issues a writ for you to provide video to police, either the writing of the writ itself, or police guidelines, might go as far as to require they impound the entire car as evidence, because they're not technically minded enough to realize even though the video can be played back in-car, it's stored in an external device.


----------



## StromTrooperM3 (Mar 27, 2019)

GDN said:


> don't believe an officer could demand you play something back without a warrant. However if they believe you've recorded something and then you delete it, does it then become tampering with evidence?


As always, when dealing with LEO, ignorance is the best approach. They are trained to lie to you, and you have no legal obligation to tell them the truth.


----------



## iChris93 (Feb 3, 2017)

StromTrooperM3 said:


> LEO


I had to look this up. For anyone else like me, it is law enforcement officer.


----------



## tivoboy (Mar 24, 2017)

iChris93 said:


> I had to look this up. For anyone else like me, it is law enforcement officer.


At first I thought it was LOW EARTH ORBIT and wondered if I had stumbled into the SpaceX forums.

buh dump dump..

;-)


----------



## BluestarE3 (Oct 12, 2017)

tivoboy said:


> At first I thought it was LOW EARTH ORBIT and wondered if I had stumbled into the SpaceX forums.
> 
> buh dump dump..
> 
> ;-)


I thought it was referring to a person's Zodiac sign.


----------



## TheeCatzMeow (Feb 8, 2019)

GDN said:


> I'm looking forward to this, but we all should not forget that recorded video can work for you and against you. I don't believe an officer could demand you play something back without a warrant. However if they believe you've recorded something and then you delete it, does it then become tampering with evidence?


From a legal stand point I believe you have the right to not hurt your own case.

5th Amendment 
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


----------



## StromTrooperM3 (Mar 27, 2019)

TheeCatzMeow said:


> From a legal stand point I believe you have the right to not hurt your own case.


But most people don't know when to shut up or think what they are saying is meaningless... On the contrary

"_Anything you say *can* and *will* be used against you in a court of law_"


----------



## TheeCatzMeow (Feb 8, 2019)

StromTrooperM3 said:


> But most people don't know when to shut up or think what they are saying is meaningless... On the contrary
> 
> "_Anything you say *can* and *will* be used against you in a court of law_"


Agree, but the Miranda rights only apply if you're being arrested. But yes 100% agree a large percentage of people do not think three steps ahead and remember to refrain from statements or resist request.


----------



## StromTrooperM3 (Mar 27, 2019)

TheeCatzMeow said:


> Miranda rights only apply if you're being arrested.


I worked 5 years for a law enforcement agency so I'm aware of where it comes from however as a general PSA... it applies to every interaction you have with them.


----------



## DocScott (Mar 6, 2019)

A digression within a digression: thank you to whatever moderator kept this in the "software and firmware" forum!

I completely understand when a side discussion merits its own thread. But when that thread gets moved to another forum that I don't check as often, I usually lose track of it altogether. If it started as a firmware discussion, I'm glad when it stays in that forum, even if the topic doesn't quite fit the forum title.


----------



## JasonF (Oct 26, 2018)

Remember, if police come to the front door of your home, they’ll politely ask if they can come inside first. They don’t even have to say that they’re investigating you. They do that do they can keep you relaxed - you’re less likely to fight them while inside your own house with your own stuff - and to keep control of the situation by moving you into a more confined space that you can’t block their access to.

Does that mean they can arrest you if they see something in your house? Not necessarily. But they will use the same tactic whether they intend to arrest you or not, so you can’t really tell.

The same is true with things that happen in your car.


----------



## StromTrooperM3 (Mar 27, 2019)

JasonF said:


> They do that do they can keep you relaxed


They do that because most people are intimidated and don't know their rights.


----------



## FRC (Aug 4, 2018)

Wow, I feel kind of alone in my great respect for the job that our law-enforcement does in the face of great danger and embarrassingly low pay.


----------



## JasonF (Oct 26, 2018)

StromTrooperM3 said:


> They do that because most people are intimidated and don't know their rights.


Maybe that too, but that's not what the training tells them.


----------



## airbusav8r (Feb 24, 2019)

If you are worried... take the USB drive out of the the port and stick it in your pocket. There, it is your personal thumb drive requiring a completely different and most-likely unobtainable warrant. In the interim you’ve probably already threw it away, or stuck it next to a magnet as no judge with a brain will sign that death sentence of a warrant over a speeding ticket/accident. Now; if we are talking manslaughter than I’d anticipate they aren’t going to ask you at all, they will subpoena Tesla as they must retain all data for I’m assuming 7 years.

Most of this is somewhat sarcastic; if you are truly worried, corrupt the drive... Hit save a bunch of times and pull the drive out quickly as it is being written to. There’s your plausible deniability, the system is not working as intended.


----------



## StromTrooperM3 (Mar 27, 2019)

airbusav8r said:


> the system is not working as intended.


Or just standard operation 😂


----------

