Police may try & confiscate your GoPro to gather evidence against your riding buddies

[Spiderman]

I really don't think this is gonna catch on (at least I hope it won't):

http://dfw.cbslocal.com/2012/06/20/s...al-day-arrest/

[Jmetz]

Interesting. I'm pretty sure they can't just take the camera. Then the officer stated he pulled him over to take the camera, then trumped up a charge.

[Ghosty]

If they feel it contains evidence used in a *gasp* CRIME (cause we all know how HUGE a crime riding in groups is, *sarcasm*), then who knows what the gestapo police state can try to pull. After everything you've read in the last 10 years, would it surprise you? Especially how they're trying to make it illegal to tape police stops so they can hide and cover up police beatings? It's not (1984) fiction or conspiracy theory anymore, it's reality.

"We are going to the scene because another officer was being surrounded by a hundred bikers."

Huh?

[birchyboy]

Not likely the same event, but here's a video from a police cruiser in Dallas this past Memorial Day. One of the riders is the ultimate douchecanoe.

http://youtu.be/L_bFKtx42AM

[Ghosty]

http://www.youtu.be/L_bFKtx42AM

Squids like this are the reason why sport bike riders like us get hounded on by the police for no reason at all.

this

[Ezzzzy1]

I already know someone that had theirs confiscated...

[tecknojoe]

I'm not sure of the legality of taking someones personal property as evidence so please enlighten me

Isn't it your right to keep your own camera as evidence of innocence? Or are the police allowed to just take whatever they feel necessary for their side of the case?

[Ghosty]

Agree the rider should be allowed to keep it for his own defense. But even if not completely kosher, I'm sure the police state gestapo D.A. lawyers will EASILY find some way to legally justify the confiscation as part a "crime scene" or evidence of illegal activity.

[grim]

this makes me laugh.

[Matty]

Enough with blaming shit on squids.... We are all to blame, it's us as sportbike riders that ruin for ourselves.

Please tell me you have never sped through the canyons, went around a car while crossing the double yellow line, sped on the freeway, or/and never made an illegal lane change.....

Sorry..... What was this thread all about???

[Fumet5uNo]

Enough with blaming shit on squids.... We are all to blame, it's us as sportbike riders that ruin for ourselves.

Please tell me you have never sped through the canyons, went around a car while crossing the double yellow line, sped on the freeway, or/and never made an illegal lane change.....

Sorry..... What was this thread all about???

+1 guilty as not charged but as seen on video from an un seized go pro

[Matty]

+1 guilty as not charged but as seen on video from an un seized go pro

Hahaha.. Nice!

[tecknojoe]

Enough with blaming shit on squids.... We are all to blame, it's us as sportbike riders that ruin for ourselves.

Please tell me you have never sped through the canyons, went around a car while crossing the double yellow line, sped on the freeway, or/and never made an illegal lane change.....

Sorry..... What was this thread all about???

half agree


but i still want someone to answer my question because i actually don't know

[brennahm]

but i still want someone to answer my question because i actually don't know

Try a lawyer. Not an internet forum.

Matty, you're spot on.

[Fumet5uNo]

half agree


but i still want someone to answer my question because i actually don't know

its a hard call having a law back ground yes a cop could take your go pro if he feels it will or could be used as evidence to convict a crime, its called "Plain View Doctrine"

[THoward]

half agree


but i still want someone to answer my question because i actually don't know

Well tried to find out if they can legally do this through State Patrol. All I have gotten is the run around. I know in a car you have absolutely no rights, they can take whatever they choose from it. I am going to assume since Colorado statute considers motorcycles a motor vehicle it would be the same. That begs the question is it considered a personal item on your person or not? If I find out something I'll post.

[Ninja2]

Well tried to find out if they can legally do this through State Patrol. All I have gotten is the run around. I know in a car you have absolutely no rights, they can take whatever they choose from it. I am going to assume since Colorado statute considers motorcycles a motor vehicle it would be the same. That begs the question is it considered a personal item on your person or not? If I find out something I'll post.

I think it falls under Criminal Procedure's Plain View a Doctrine and whether the suspect has a right to privacy. As Terri mentioned, a suspect has no right to privacy if pulled over and IF the police sees some sort of evidence in the car that could lead to a different crime or be evidence of the committed offense. I think those cases fall under the "Plain View Doctrine" where an officer can confiscate without a warrant because contraband or evidence is in plain sight, and there is no expectation of privacy if mounted on your bike or helmet, etc.... I think it would withstand a constitutional challenge.
Just my 2 cents.

Also, you do have rights when it comes to your car. First, the police needs to have a reasonable suspicion to pull you over. And when they pull you over they do not have a right to search your car, unless, again, there is reasonable suspicion that an offense was committed, something is in plain sight, or the vehicle is confiscated (i.e. after a DUI). But the police cannot just pull you over for speeding and then search your car.

[Ghosty]

I think it falls under Criminal Procedure's Plain View a Doctrine and whether the suspect has a right to privacy. As Terri mentioned, a suspect has no right to privacy if pulled over and IF the police sees some sort of evidence in the car that could lead to a different crime or be evidence of the committed offense. I think those cases fall under the "Plain View Doctrine" where an officer can confiscate without a warrant because contraband or evidence is in plain sight, and there is no expectation of privacy if mounted on your bike or helmet, etc.... I think it would withstand a constitutional challenge.
Just my 2 cents.

Also, you do have rights when it comes to your car. First, the police needs to have a reasonable suspicion to pull you over. And when they pull you over they do not have a right to search your car, unless, again, there is reasonable suspicion that an offense was committed, something is in plain sight, or the vehicle is confiscated (i.e. after a DUI). But the police cannot just pull you over for speeding and then search your car.

Damn, well that's shitty. Sounds like in the case of a GoPro that's obviously visible (helmet mount), they will figure out a way legally and it will stand up in court. Gay.

[CYCLE_MONKEY]

Enough with blaming shit on squids.... We are all to blame, it's us as sportbike riders that ruin for ourselves.

Please tell me you have never sped through the canyons, went around a car while crossing the double yellow line, sped on the freeway, or/and never made an illegal lane change.....

Sorry..... What was this thread all about???

HUGE difference between a guy that sped thru the canyon and wasn't an asshole to Juhn Q. Public, vs. Starboyz-type douchebaggery. Old geared-up, polite, respectful "non-squid" guy that I am, with my pants around my waist as they should be vs. somewhere down by the guys knees buns flapping in the breeze, no gear, no helmet etc., and with a bad FTP attitude, yeah, I'm gonna get let slide on shit, and walk away after a friendly encounter with the Man. Do I speed? Maybe. Have I passed on a double-yellow? Perhaps. Am I an unprovoked asshole to J.Q.P when I ride? Hell no.

That said, I do not believe they have the right just to pull you over and take the camera without actually catching you doing anything. Like they can't just randomly pull you over and scan data from the black box in your car to see if you've ever been speeding.

[Ghosty]

I blame squids the same as I blame ricers, hondoodlers, and Fast&Furious movies for ruining the racing scene and public image of sporty vehicles in general.

Plus I was quoting the video link to actual idiots, not the OP article who were just on a group ride. Two different scenarios.

Are these not assholes that are partially to blame for police attitude?: http://www.youtube.com/watch?v=L_bFK...ature=youtu.be

[Fumet5uNo]

here is a little trick that i use all the time. if you stop for a cop and the go pro is on the bike or helmet take your jacket off or back off before the officer contacts you and cover the go pro or put it in your bike tail or back pack at that point it is no longer plain view, and can not be taken it would take a warrant because the officer would have to "search you" to access it

ps the reason they arrested the guy is because under arrest the officer does not need a warrant to search you.
i would say if your asked for the go pro hand it over if you know you didnt do anything wrong

[tstevens]

here is a little trick that i use all the time. if you stop for a cop and the go pro is on the bike or helmet take your jacket off or back off before the officer contacts you and cover the go pro or put it in your bike tail or back pack at that point it is no longer plain view, and can not be taken it would take a warrant because the officer would have to "search you" to access it

+1 police officer can't move things to get a better view at it, must be in plain view.

[Ghost]

http://www.pixiq.com/article/dallas-...aring-head-cam

I watched as Deputy Sheriff Chris Westbrook created a reason for stopping Mr. Chris Moore, created a false reason for arresting Mr. Moore, and then seized without a warrant (or valid reason) the videotape, claiming it was evidence for a crime that in fact had not occurred (stunt riding).

So, while I'm no lawyer, it seems like police taking your GoPro or even your cell phone (as in recent demonstrations and a few fights/shootings) is a grey area, where they can claim that your GoPro has evidence of a crime on it--stunt riding, speeding, DYP, etc...

But, regardless of the technicalities, I'm sure that if you have a GP and they want to see it, then they'll find a way...

[willb003]

Look up "the photographers right"
its a download pdf that you can print out and should carry with you it your filming.