Still think they would need a warrant to take an item like that. They can search you but that is for their own safety to make sure you do not have any weapons that can be used against them. Just having a recording device is not considered a weapon, unless of course you are dumb enough to swing it at them.
MRA Racer No.427
How about a camera in plain view, but actually records to a device not in plain view .....e.g recording device in trunk ????
This should be no different than if you had a standard camera laying in the seat next to you in plain sight. I have never heard of an officer confiscating such devices without a warrant.
MRA Racer No.427
I don't remember, where there cases where police confiscated (without warrant) cell phones and video cameras during OWS? Same sort of circumstances IMO. You may be merely a bystander with a camera.
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my Facebook, SpeedShotsOriginally Posted by salsashark
Cell phones/cameras were confiscated at various rallies, protests, etc.
Again, whether you have a right to refuse or not doesn't input your camera won't get confiscated anyway.
Faster, faster, faster, until the thrill of speed overcomes the fear of death.
~Hunter S. Thompson
But refusing to hand it over and having it confiscated anyway is grounds that can be used to throw out any evidence contained on those devices.
Cops hate paper work more than anybody.
MRA Racer No.427
Some of this LEO over zealousness is driven by the large stunter groups that block off interstates in the DFW area to "perform" by blocking traffic with a large group of bikes and irritating the other drivers on the road. There have been a few cases where a driver got pissed off enough to drive through the line trying to block the entire width of the interstate. If a LEO in the DFW area sees a group of 100+ bikes running together, more than likely they are going to think they are up to no good. Not that it justifies the deputy's action, just a little background on something that is perceived as a big problem down there.
There is LEO on the forum. Lets get some professional opinions.
Its not how fast you go, its how little you slow down.
I'll be glad to help
An Officer can seize anything he considers to be evidence of a crime or criminal activity if it is in plain view, or he otherwise legally comes across it (During a consensual or otherwise legal search). This leaves flood gates wide open in a lot of cases, so we ask where is the line? The line is "reasonableness." Reasonableness cannot be defined, it is decided by a Jury or Judge on what a "Reasonable and Prudent" Officer would do in the same situation. In my professional opinion, there are very few traffic statutes in which I'd seize your GoPro as evidence for. DUI, Vehicular Assault/Homicide, and that's just about it. Every other statute, I've got enough evidence to get a conviction before I even light you up.
As for keeping it yourself for evidence to your innocence, that won't fly. Before any criminal proceedings against you, you can ask for what's called a "Discovery Hearing." At this hearing the prosecution (The Officer in most traffic cases), must present to you any and all evidence to be used in trial. Everything from the blood test results in a DUI to the Officer's "private" report (Since we actually write 2-3 reports for every incident). So if he seized your camera, you have a right to get it, or the video recordings from it, back before your trial, with enough time to analyze them yourself. In the case of a cell phone or a camera, we will authorize their release immediately after we process them (Less than a week). Unless it's a homicide, then you've donated it to the city's evidence section forever.
Lastly, rather than seizing the video, the Officer can just subpoena it at a later date (Best bet IMO). Say I get into a fight outside a bar, and I see someone filming it. I can legally identify that person, and inform them that that video will be used as evidence, and they cannot destroy it or otherwise make it unavailable.
To those who are still reading, either get a life or just follow the rules so you never have to worry about it!
I think the answer is no, but can a LEO legally confiscate a radar detector?
John
KTM Duke 690
I think Virgina is only state with a radar detector ban in place and I think their enforcement options includes confiscation. I think there might be some cities (mostly back east) with a ban but I have never heard of confiscation in those cases.
To be honest, I don't even know if they are illegal or not lol. Shows how much I care about them. If they are illegal, then the Officer can (but doesn't have to). If not then no. I'll look this statute up when I go back to work.
Cops can do whatever they feel like so law or not I'm sure they will anyways... just like we are supposed to ride staggered but they ride side by side ALL THE TIME, run red lights cause they don't feel like waiting, texting and talking on the phone while driving. We are all guilty as charged including the law enforcers as they don't follow their own either (maybe there are clean, good and honest cops out there but just like squids make it bad for us fair riders, so do bad cops for you).
Actually the law states we can ride side by side.
Interesting, I wasn't aware of that. I know if I'm riding with a buddy we almost always stop at lights side-by-side, but rarely ride that way. Rather spread out or staggered, less crowded, and for higher visibility.
.
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Then the law doesn't know the law, every cop I have ever asked to this day says it's 100% illegal to do so.
http://www.coloradodot.info/programs...ycle-laws.html
Just not recommendedTraffic Laws
Passing or Overtaking: Passing or overtaking a vehicle in the same lane is Illegal in Colorado; no lane sharing or splitting with cars. However, motorcycles can share a lane or "co-ride" with one other motorcycle.
I can do whatever I feel like within limits. Luckily the law and my agency understand how important it is for us to bend certain rules in order to get our job done.
As for red lights, I'll tell you right now I run probably 20 a night. I can also tell you I have never once ran one just because I could. When I'm not doing anything, I drive 10 under and sit through every red light. But yes, when someone's life is at stake, or someone feels like every second counts when they're asking for my help, I run red lights. As for talking on the phone while driving, let's just say I couldn't do my job without talking on my phone and driving. And I never text.
And this is why I have so much contempt for LEO. The laws are written to protect them, not us. They can do whatever they want under the guise of "reasonable" and "probable" cause. It's complete bullshit. They are paid to know the law and use to their advantage, not the publics advantage, not to protect and serve. The only way for us to level the playing field is to hire an attorney and have him/her follow you around 24hrs a day, just in case. They have put themselves in an adversarial role, them against the public. This and many other reasons is why I have an absolute distrust of LEO.
Having said this I want to thank Aaron for helping to educate us and give us a LEO prospective. You are a stand up guy.
Its not how fast you go, its how little you slow down.
cops never text.. thats funny.. you guys IM each other all the time. I watched it myself ummm... from the back seat hahah
2009 ZX10R Xxxx miles and counting
2009 FZ6 10ooo miles ridden-sold
It's the only thing I'm good for! Besides Oral of course.Aaron,
Thank you very much for your responses!
I completely agree. But alas the only deference is law enforcement, but I feel like a complete asshole for stopping people with a burned out tail light solely for the burned out tail light.
I said I, not cops. I literally pull over and stop before replying or sending IM's or texts. I've had one close call too many to try typing and driving again. I try to pull over even to read it in fact. But let hunk about this. You crash while texting, you get a ticket. I crash while texting, my name is splashed on every newspaper within a 100 mile radius, I get suspended from work without pay, I lose seniority, I have to go through remedial driving training, my family and I get sued, and I piss my car partner off. Oh, I also get a ticket.
Can you warn them even if you don't ticket them?
I find fewer and fewer people actually inspect their own vehicles, and since there are no inspections, I think no one bothers to check if their shit is actually working or not.
It might not feel good to stop them for just a brake light, but if you save someone else from rear-ending them it might be overall a better outcome...
Faster, faster, faster, until the thrill of speed overcomes the fear of death.
~Hunter S. Thompson
I completely understand the red light run in a real emergency, I'm not an idiot by any means but jeffco runs them ALL THE TIME just to get to 7eleven faster.
Unless the k9 barks. Of course that has never happened to me.
I have no idea what you're talking about.
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