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Thread: Can the Police impound your recording equipment or media?

  1. #1
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    17th July 2003 - 23:37
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    Can the Police impound your recording equipment or media?

    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 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.

  2. #2
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    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.
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  3. #3
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    I don't think they can legally take anything that is yours, unless it is specifically provided for in law.

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  4. #4
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    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.

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  5. #5
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    Quote Originally Posted by STJim View Post
    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
    Everyone has an opinion.. mine can be found here Riding Articles

  6. #6
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    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".

  7. #7
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    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.

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    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........
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  9. #9
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    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.

  10. #10
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    Quote Originally Posted by peasea View Post
    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.

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  11. #11
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    yes they can.

    and do.

  12. #12
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    Quote Originally Posted by rastuscat View Post
    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.


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  13. #13
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    The camera could be setup to miss the gauges.
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  14. #14
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    Quote Originally Posted by scumdog View Post
    Peasea will rub linament into your batton-bruises....and rinse the pepper-spray from your eyes.

    he's good like that.
    Call me Florence.

  15. #15
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    Quote Originally Posted by peasea View Post
    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.
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