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

[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.

[Ghost]

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.

And that's why I never ride with one...

[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.