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Old 10-10-2018, 05:30 PM   #1
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Video capture - what is legal?

This thread came up. Did a quick search here and found nada.
http://www.bayarearidersforum.com/fo...d.php?t=530384

One post made it sound that maybe a GoPRO is not good because LEOís can use the video.

My understanding is that unless it is a felony it cannot be taken.
I would like to know what is the legal side because I believe a camera is a good thing and I donít want disinformation causing someone to not use one.

Thanks in advance.
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Old 10-10-2018, 05:45 PM   #2
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Que the Popcorn emogi....

Hope for informed responses.
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Old 10-10-2018, 06:33 PM   #3
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I'm listening. I have a camera, but don't use it daily because this old man still exhibits youthful exuberance from time to time ...
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Old 10-10-2018, 07:00 PM   #4
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Even for a misdemeanor crime an officer an officer could write a warrant and seize camera as evidence of a crime as committed.

I’d say unless you’re out breaking the law on a crime spree, then don’t sweat it. Use a camera to protect yourself. You can legally record anywhere in public. I’ve seen cameras prove a motorcyclist or motorist innocent in traffic collisions.
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Old 10-10-2018, 07:08 PM   #5
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To be honest I think breaking the law or interpretation of such plays into this so knowing the law will help

If I go 55 thru a suggested 25 on a Sierra HWY.
If I split at 60 but my delta is 10 and I think it was safe.
If I Weave a few cars in an urban area.

The list goes on as far as things that are potentially illegal by interpretation and some others where speeding thru the twistees or a DY pass might be in play.

Right to take someone’s VID starts when? Bottom line.
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Old 10-10-2018, 07:33 PM   #6
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To be honest I think breaking the law or interpretation of such plays into this so knowing the law will help

If I go 55 thru a suggested 25 on a Sierra HWY.
If I split at 60 but my delta is 10 and I think it was safe.
If I Weave a few cars in an urban area.

The list goes on as far as things that are potentially illegal by interpretation and some others where speeding thru the twistees or a DY pass might be in play.

Right to take someoneís VID starts when? Bottom line.
Itís going to depend on the crime and officer discretion of if video is necessary. So many variables and every officer is going to be different. For many of the things you listed, speeding, splitting lanes too fast, crossing double yellow , those are all infractions and an officer canít get a warrant for video and wouldnít try to. Even if you caused or were involved in an accident, short of a fatality, they wonít take your camera. They may ask you to send them a clip if it helps prove your innocence. So short answer, dont sweat it, most agencies are overwhelmed with robberies, burglaries, homiciides etc, traffic related issues are not serious crimes unless itís a fatal or hit and run with serious injuries.
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Old 10-10-2018, 07:45 PM   #7
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Itís going to depend on the crime and officer discretion of if video is necessary. So many variables and every officer is going to be different. For many of the things you listed, speeding, splitting lanes too fast, crossing double yellow , those are all infractions and an officer canít get a warrant for video and wouldnít try to. Even if you caused or were involved in an accident, short of a fatality, they wonít take your camera. They may ask you to send them a clip if it helps prove your innocence. So short answer, dont sweat it, most agencies are overwhelmed with robberies, burglaries, homiciides etc, traffic related issues are not serious crimes unless itís a fatal or hit and run with serious injuries.

So, to trivialize it a bit, unless we have video of us doing wheelies through a crowd.of Carnival dancers, the cops only care about The Incident. 4th amendment and all that.

Yeah?
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Old 10-10-2018, 07:53 PM   #8
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the way I look at it is simple.

the camera is there for YOUR PROTECTION. nothing more.
nobody need to know you have it ,
I run a dash cam in all my cars and my mom's car too, nobody know but me and any very keen observer that might notice the camera, but we all know 99% of the people driving don't even pay attention to what's right in front of them, they won't notice the tiny cam in your cars.

as for the cam on my bike, it mounted in the center of the handle bar, it can be removed with one hand in a few seconds and slipped into my jacket pocket without the fuzz even noticinf, that's my plan if I get pulled over with it at least.
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Old 10-10-2018, 07:53 PM   #9
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the way I look at it is simple.

the camera is there for YOUR PROTECTION. nothing more.
nobody need to know you have it ,
I run a dash cam in all my cars and my mom's car too, nobody know but me and any very keen observer that might notice the camera, but we all know 99% of the people driving don't even pay attention to what's right in front of them, they won't notice the tiny cam in your cars.

as for the cam on my bike, it mounted in the center of the handle bar, it can be removed with one hand in a few seconds and slipped into my jacket pocket without the fuzz even noticinf, that's my plan if I get pulled over with it at least.
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Old 10-10-2018, 08:11 PM   #10
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The way you look at it and the way the law looks at it are different.

Most cameras are very apparent. I appreciate your opinion I don’t disagree, but I am looking for more to provide someone (and likely many more) who is doubting to use one because of potential capture.

We all know stunners use them and we have all seen folks running from the law. Those are extremes and I would expect their VID could be used against them assuming being seen in the act.
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Old 10-10-2018, 10:31 PM   #11
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We all know stunners use them and we have all seen folks running from the law. Those are extremes and I would expect their VID could be used against them assuming being seen in the act.
Can and have been. I shake my head at those that post videos doing dumb shit to YouTube.
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Old 10-11-2018, 07:09 AM   #12
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The police could seize a camera and get a search warrant to review the contents if they had probable cause to believe it contained evidence of a violation. That's just not going to happen for infractions, and possible, but less likely for misdemeanors. Felony cases and fatalities...probably.

The police can't just legally look through the contents of the camera/video at the scene without the owner's consent or other lawful reason, like parole, PRCS supervised release, or searchable probation. If they did an illegal search, the evidence would be fruit of the poisonous tree, and should be inadmissible in court.

I'd say, overall, there isn't much to worry about for the average rider and the benefits of having a camera outweigh the potential risks, IMO.
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Old 10-11-2018, 07:18 AM   #13
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I'd like to pick up a set and forget, reasonably well hidden, dashcam for my bike.

It's unlikely that anybody would notice one without it being pointed out, which simplifies things.
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Old 10-11-2018, 07:43 AM   #14
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Cameras - good, he said she said - bad. The only people that don't want cameras are really bad people. Not people who speed or cross a double yellow, real bad criminal type people. Here's another good reason to have one: https://www.air.tv/?v=mc9jWwPpR1GTuIZBA5nP_Q
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Old 10-11-2018, 07:58 AM   #15
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Thanks bojangle.

Mel... that is awesome. Little shits.
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