Can the Police impound your recording equipment or media?

[Big Dog]

Hypothetical legal question I would like answered before I have to....
If I am filming from my helmet cam on a public road:
Do the Police have the right to impound my camera or its media?

If so on what grounds?

in the event that my riding was not quite as law abiding as I believed it to be :innocent: would they be entitled to review the tape an ticket me for offenses spotted that they did not already know about? (eg. the person with the scooter on the roundabout on utube)

I know that if you enter your recordings into the public domain (e.g you publish them or put them on the internet) they are entitled to review them and may be entitled issue relevant tickets where identity of driver or vehicle is able to be established and the authenticity of the footage is able to be verified.

When I was at polytech (nearly 20 years ago) the laws were vague but to the effect that they could only impound media when it was "believed they contained evidence of a crime" and the evidence could not be used to issue traffic fines unless they were in relation to a "significant event" that the media had been impounded to investigate.

Laws have changed a lot since then.

[crystalball]

I always enjoy watching those video clips off the speedo rising and rising. good on you man i want a camera one day soon. but year i guess don't get caught doing something wrong as year they might use the video as evidence as well. also dont show your nuber plate or your face on video clip lol.

[CookMySock]

I don't think they can legally take anything that is yours, unless it is specifically provided for in law.

Steve

[STJim]

No basis whatsoever that I know of. A seach warrent would be needed. The police can and do seize computers. A search warrent is necessary.

[OutForADuck]

No basis whatsoever that I know of. A seach warrent would be needed. The police can and do seize computers. A search warrent is necessary.

Ok, no expert here but probably a poorly informed observer. Section 21 of the New Zealand Bill of rights protects against unreasonable search and seizure. The effect of this as I understand it is that for such a seizure (or search) there would need to be a specific enactment that allowed such.

Now there are acts that cover this without warrant (i.e. they would not always need a warrant) but they all pertain to serious offences (collecting evidence or more usually in the prevention of teh offence) other than the new transport act stuff for boy racers... now that one could possibly catch you out :gob:

[p.dath]

I think the new terrorism laws give them the power of seizure ( based on the suspicion to commit terrorism or having been involved in terrorism), but I'm not aware of anything else (short of a court order).

So don't say things like "I'm going to blow your fuckers up".

[rastuscat]

They can take your camera and recordings if they have a search warrant. To get a warrant, they would have to convince a judge or JP that you have committed an offence punishable by imprisonment, and that the recording would show evidence of that. Dangerous driving carries imprisonment, so that would be enough. It's the "pursuant to warrant" circumstance.

They can also take your camera and recordings if they arrest you for a specific offence, and the camera and recordings are likely to provide evidence of the offence you have committed. Like, if you do a sustained loss of traction (burnout) and film it yourself, they can seize the evidence. It's a "common law right pursuant to arrest."

Basically it's up to a judge to decide if the evidence is going to admitted in court, but if the evidence is lawful and not taken unreasonably, you'll struggle to have it thrown out. It's always arguable, but if the circumstances outlined above exist, watch out.

So there.

[SPman]

So if you're pulled over and think they are going to grab it, slip the SD card out and slip in a blank one before they get to you........

[peasea]

The police can do (and do do) whatever the fuck they want. If they want something, they'll take it and if you resist they'll most likely bash you and/or cuff you while they take whatever it is they want. Then they'll quote some long-forgotten law under which they've taken it and when they get it wrong they'll lie about it and it's down to you to prove otherwise.

I would still encourage you to go hard though.

[scumdog]

The police can do (and do do) whatever the fuck they want. If they want something, they'll take it and if you resist they'll most likely bash you and/or cuff you while they take whatever it is they want. Then they'll quote some long-forgotten law under which they've taken it and when they get it wrong they'll lie about it and it's down to you to prove otherwise.

I would still encourage you to go hard though.


Peasea will rub linament into your batton-bruises....and rinse the pepper-spray from your eyes.

he's good like that.

[marty]

yes they can.

and do.

[PirateJafa]

They can also take your camera and recordings if they arrest you for a specific offence, and the camera and recordings are likely to provide evidence of the offence you have committed. Like, if you do a sustained loss of traction (burnout) and film it yourself, they can seize the evidence. It's a "common law right pursuant to arrest."

But if the camera was seized and showed that you, say hit 120km/h half an hour earlier - would they be able to prosecute that?

I'm wondering, as I've been planning to get a quality bike camera for a while now for insurance purposes.

[Spearfish]

The camera could be setup to miss the gauges.
Checkout Vblogging on youtube especially a Vblogger called
http://www.youtube.com/user/13mordeth#p/u/95/ltyN9jvuP5Q

This guy featured on Charlie Bormans second "By any means series"
Scroll through his vids, you will hardly ever see the gauges

[peasea]

Peasea will rub linament into your batton-bruises....and rinse the pepper-spray from your eyes.

he's good like that.

Call me Florence.

[98tls]

The police can do (and do do) whatever the fuck they want. If they want something, they'll take it and if you resist they'll most likely bash you and/or cuff you while they take whatever it is they want. Then they'll quote some long-forgotten law under which they've taken it and when they get it wrong they'll lie about it and it's down to you to prove otherwise.

I would still encourage you to go hard though.

Explains my day then,went on walkabout with a couple of mates round the golf course,compulsory drams to the last one at each hole,ended up shitfaced,fa%kin cops.

[scumdog]

Explains my day then,went on walkabout with a couple of mates round the golf course,compulsory drams to the last one at each hole,ended up shitfaced,fa%kin cops.

Yup, the bastards will drink you under any chance they get!!

[Nutter34]

Yup, the bastards will drink you under any chance they get!!

And they reckon Air New Zealand has a drinking culture...

But we digress. Interesting point on the camera. What's the story SD?

Could they use video to proscecute? Say for instance a Go-Pro. No date stamp. Could they use anything from any footage from that, even if not on the day in question. Assuming they took it by force, as stated earlier...

There's a case in the States, where guys got done, for wheelies and stunting. The investigation lasted nine months... Videos were on Youtube...

[peasea]

Yup, the bastards will drink you under any chance they get!!

Then make false accusations about your presence at cop parties, cast doubt upon your sexuality and drag you into the shroud of the drug underworld.

[peasea]

Interesting point on the camera. What's the story SD?...

He just wants to be on 'Cops with Cameras', little does he know the NZ Police budget only goes to Cops with Camiras. Quite different.

[marty]

There's a case in the States, where guys got done, for wheelies and stunting. The investigation lasted nine months... Videos were on Youtube...

there was a case in hamilton - stunting - VERY dangerous and silly - videos on youtube.....

[peasea]

there was a case in hamilton - stunting - VERY dangerous and silly - videos on youtube.....

Pretty cool though, you have to admit.

[Nutter34]

Carver... World famous in NZ...

Here's the link to the States story.

http://www.mysouthwestga.com/news/story.aspx?id=453751

[Big Dog]

Err... some people seem to have the wrong idea about my need for a helmet cam...
My intent is not to provide hours of ghost rider style footage. More to capture the behind the bars experience for a real rider on our roads riding within the law.
Capture the morons in cars who can't do the same.

Probably quite happily go video vigilante on the asses of a few driver I saw today if I can't get done because i did 111 on the motorway trying to dodge one of them.

[LBD]

On a recient ride I got stopped and booked twice....not very high speeds just enough to trigger a booking.

Both times I was just hoping the copper would ask to look at the data on the GPS....in particular the maximum 211kph....I would love to have seen their reaction....and then again after a while, when I told them I carried the GPS on a Ruapuna track day.

[breakaway]

I have contemplated mounting a camera on the bike for the next time some fuckwit tries to knock me off, so I have video footage of it. But if I present the same camera footage as evidence, and the cops witness me going 101 km/h, it's all over.

[Scuba_Steve]

Simple answer would be No they can't legally take it.
But then when has the law & legalities ever stopped the police?

You should be safe, & if on the off chance they do try just ask them for the warrant.

[Swoop]

... round the golf course,compulsory drams ...,ended up shitfaced
Golf?

We hope you did not drink and drive...:blip:









Drinking and putting is a different matter!

[meteor]

It could be seized as an exhibit if you were arrested, it could be seized as evidence of offending with a warrant, it could be impounded if it was part of your bike and you were nabbed for certain offences then seized as evidence under warrant but then if you're not doing anything wrong there's no problem is there? Oh and warrants of seizure get issued for crimes that you go to jail for... speeding isn't a crime.

[Ronin]

Check this out.

http://www.stuff.co.nz/dominion-post/national/3721875/Speed-revealed-by-airbag-data-unit


Hohaia suffered minor injuries. Hohaia told the court he was travelling no faster than 110kmh and braked to between 55kmh and 65kmh around the corner.

A crash investigator told the court the corner could be safely negotiated at 58kmh to 68kmh.

To prove the speed Hohaia was travelling, police sent the Holden's airbag data unit to William Haight, director of the San Diego Collision Safety Institute. Mr Haight told the court via video conference yesterday that 2.5 seconds before the crash Hohaia's Holden was travelling at 150kmh and 0.5 seconds before the crash it was travelling at 98kmh.

[peasea]

It could be seized as an exhibit if you were arrested, it could be seized as evidence of offending with a warrant, it could be impounded if it was part of your bike and you were nabbed for certain offences then seized as evidence under warrant but then if you're not doing anything wrong there's no problem is there? Oh and warrants of seizure get issued for crimes that you go to jail for... speeding isn't a crime.

Tell that to the pork flavoured revenue gatherers.

[scumdog]

Tell that to the pork flavoured revenue gatherers.

Meh, sometimes there's no revenue gathering.

Just jail and disqualification....

[peasea]

Meh, sometimes there's no revenue gathering.

Just jail and disqualification....

That must be so disheartening. Do jail sentences and disqualifications count on the quota?

[scumdog]

That must be so disheartening. Do jail sentences and disqualifications count on the quota?

How would I know???:gob:

Ask somebody who has a quota!:rofl:

[peasea]

How would I know???:gob:

Ask somebody who has a quota!:rofl:

Ok, what about your 'performance target' or 'expectations'?
Gotta justify that paperwork somehow, surely.

[scumdog]

Ok, what about your 'performance target' or 'expectations'?
Gotta justify that paperwork somehow, surely.

Don't tell me you're expecting me to be out there handing out tickets???


Surprisingly enough I (and a shit-load of other plods) don't actually do bugger all of that, we do 'Real Policing'(tm) - it keeps the plebs happy...


And leaves the Traffic guys free to hand out tickets like lollies.. no shortage of customers there..

[scumdog]

Check this out.

http://www.stuff.co.nz/dominion-post/national/3721875/Speed-revealed-by-airbag-data-unit

Well who woulda thunk it?

A fuckwit driver crashes and then lies, goodness me!

And was covicted by pesky technology, how unfair...

(I can just see it now with other drivers: "No, I was just cruising along at 99kph and this here motorcycle shot across the road obviously speeding and crashed into me, luckily it was him that died or it could have been me..."

"We'll be sending your cars on-board computer away for analysis sir"

:doh:!!)

[Ronin]

Well who woulda thunk it?

A fuckwit driver crashes and then lies, goodness me!

And was covicted by pesky technology, how unfair...

(I can just see it now with other drivers: "No, I was just cruising along at 99kph and this here motorcycle shot across the road obviously speeding and crashed into me, luckily it was him that died or it could have been me..."

"We'll be sending your cars on-board computer away for analysis sir"

:doh:!!)

The irony is that the self same lawyer would be happy to use the same evidence if it would clear his client... Go figure.

[peasea]

"We'll be sending your cars on-board computer away for analysis sir"


How many reasons do you need to preserve vehicles with a carbie?

Save the whales! Restore a Cadillac.

[Big Dog]

How many reasons do you need to preserve vehicles with a carbie?

Save the whales! Restore a Cadillac.

with whale skin hubcaps.

[blackdog]

with whale skin hubcaps.

and tiny baby seal eyes for headlights.......

[peasea]

http://www.youtube.com/watch?v=-o30wacwdoc

[Big Dog]

Tell that to the pork flavoured revenue gatherers.

Speeding is not a crime.
It is a traffic law infringement.

A crime carries with it a criminal record. A speeding ticket does not. Exessive or habitual infringement will forfeit your priveleges to drive on our roads, or may lead to other more serious charges that are crimes. These require other persons lives or property to be endangered in a significant way.
Not too sure where the boudaries lie, that is more for a lawyer to answer.

A lot of people misunderstand the statment "speeding is not a crime".
Perhaps it's not in a context of drug peddling is and speeding is not but it is still a breach of the law that brings the safety of our citizenry into jeopardy.

Don't want to get tickets? Either stop speeding or be a little more sensible about when and where you drop the hammer.

Perhaps you meant that cops should spend their time hunting P dealers instead of issueing tickets.
If cops stopped issueing tickets for six months for a few months and just got after those pesky drug dealers do you think there would be less drug dealers or do you think we would have new more hardened ones. Probably from other parts of the world keen to fill the drug vaccuum that is suddenly there to be filled with cheap low quality drugs?

I am not sure of the current stats, but I was talking to an officer in charge of intelligence in the central Auckland area (I know that is a contradiction in terms) and this officer told me that more than half of the dangerous criminals (the ones in max security now) had been caught or convicted had been caught and convicted based on intelligence gathered during traffic stops. Real Policing is keeping our children safe, keeping our community safe and living with the sacrifices that means.

In recent years it has become quite fashionable to bash the Police on line from the safety of the keyboard or quietly over a beer a the pub. Who are you going to call? When there is a stranger in the yard - who you gonna call? When the neighbor has taken too much p and starts smashing his house up, who you gonna call?

As to quotas? I hope they do have one. We pay their wages via our taxes and have a right to get value for money.
No matter what job you do there will be stats, quotas or just a bottom line.
I have a quota. I go after it with great vigour. You tell me I have to close 5 cases today I go after 10. That's how my employer knows if I am worth keeping, and justfies me on his budget to his boss.

Rant over.

"I don't speed much" is a common statement from NZ drivers and riders. Stats say otherwise.
Speeding is speeding. When I speed if I get caught I take it like a man because it's just tax on the times I did not get caught.

[Big Dog]

ah, the all cow interior.... although on a bike I prefer an all cow exterior.

[scumdog]

Perhaps you meant that cops should spend their time hunting P dealers instead of issueing tickets.
.

What about the speeding P dealers ....:blink::shutup:

[Spearfish]

What about the speeding P dealers ....:blink::shutup:

We don't have P in this country.

[Big Dog]

Ostritch...

[Blinkwing]

In recent years it has become quite fashionable to bash the Police on line from the safety of the keyboard or quietly over a beer a the pub. Who are you going to call? When there is a stranger in the yard - who you gonna call? When the neighbor has taken too much p and starts smashing his house up, who you gonna call?

Ghostbusters?

[Big Dog]

Ghostbusters?

de ne ne ne ne... ghostbusters! (That's what ryder started singing when she saw your post.)

[NordieBoy]

with whale skin hubcaps.

You're an asshole :D

[Big Dog]

a...s...s...h...o...l...e