legal experts

Discussion in 'Random Thoughts' started by pack mule, Aug 19, 2011.

  1. pack mule

    pack mule formerly known as rtgt Registered

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    I seen on another m/c board where a police officer took a riders gopro from him without his consent. Is this possible? Legal? What circumstances can they take it? I don't know the laws from that stand point. Any police officers or lawyers want to chime in?
     
  2. dadofthree

    dadofthree Seasoned Beef Donating Member

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    You aren't given any information about what happened . But go read up on the 4th amendment to the U.S. Constitution.
     
  3. Blanca BusaLess

    Blanca BusaLess Suffers from PBSD Donating Member

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    How about a link to the thread you read?

    I don't see a gopro as any different than a handicam you may have at disneyworld.
    If there is some reason for the officer to believe said camera has evidence on it relating to his case/investigation than yes they probably can take it.

    Kinda like 'you were flying!' 'no I wasnt!' 'oh is that a camera and oh it's still on, hmmm?!'
     
  4. karnage

    karnage Registered

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    Its a safety thing to use them on bikes.But I think the stunters use them as well to record stupid stuff like a wheelie down the freeway at 80mph.
     
  5. chrisjp

    chrisjp GM of Haya's in the Hills Donating Member

    Warrent...nuff said
     
  6. lil charlie

    lil charlie Registered

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    My dad was a cop and I respect the law but they would have to arrest me to take any of my stuff.

    Sent from my DROIDX using Tapatalk
     
  7. jphilipson

    jphilipson Registered

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    I'm not a legal expert, but I play one on the internet. Without knowing the whole story, it's hard to say. However, police typically cannot take something *legal* away from a person without a warrant. Although if they believe something was used in the commission of a crime, then they may be able to seize it for the purpose of protection of evidence until the DA and lawyer go before a judge. However, to just take a camera for no reason and hoping it has something illegal on it would just be fishing, and unlawful seizure and would get tossed in court on constitutional grounds.
     
  8. spencersr

    spencersr Registered

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    Where I'm from they'll whatever they want cause they have a badge
    Posted via Mobile Device
     
  9. Pardini

    Pardini Donating Member

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    I always wonder about my Garmin recording the Max Speed, if or when I get pulled over.

    Last week coming home we got stopped at a DUI check point. Had to show our licences and they asked if we had been drinking. Took 3 minutes. After we rode off I look at my Nuvi and it's on the Data screen proudly displaying my Max Speed of the day. Ooops, glad the Trooper didn't catch that one.
     
  10. jphilipson

    jphilipson Registered

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    Doesn't matter, they have no way to prove where that speed was done. Could have been a race track, a parking lot, or even your driveway.
     
  11. Blanca BusaLess

    Blanca BusaLess Suffers from PBSD Donating Member

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    The apps I use on my phone for saving speed also plot maps of the ride and display my speed at one mile intervals. If that Garmin is similar it would show where the ludicrous speed happened.
     
  12. jch364

    jch364 Registered

    would like to know the reason for taking it. no need for a warrant to take it. I assume as evidence in something. of course to view it would require consent or warrant. that i am sure of.
     
  13. zukracer

    zukracer I'm somewhere but dont know where Donating Member

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    well you got two of our resident LEOs chiming in, sounds like it can be taken but suspect that it would only be done if they had been witnessed doing something stupid. Pretty sure there was a problem with this up at the dragon over the summer but who knows. Sounds like a gray area, best advice is if you are gonna do something stupid either dont film it, hide the camera out of plain sight or accept the consequences should you have to entertain the local LEOs on the side of the road :whistle:
     
  14. GsxrBots

    GsxrBots Motorboatin' Moonpies, Gangnam Style Registered

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    Just from reading this post, I am now going to record a picture of my bung-hole on the beginning of every gopro video I record, just so if the cops take it, they will have to stare at my bung-hole.. ::25
     
  15. dabeechman

    dabeechman Registered

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    What app is this Blanca?
     
  16. zukracer

    zukracer I'm somewhere but dont know where Donating Member

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    classic... f'in classic. :rofl::rofl:

    Now wait til you forget to skip that part and your wife or someone just says "well shoot let me see what he did today" :rofl::rofl:
     
  17. VIPER

    VIPER Formerly known as viperblackbusa. Registered

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    in my opinion unless you are under arrest they have no right to take any of your personal belongings. As for the gopro it isnt public domain till you post the video. So anything on it they have no cause to view without an warrant.
     
  18. pack mule

    pack mule formerly known as rtgt Registered

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    These riders had pulled over on the side of a road that sees alot of sportbikes. The cop pulls over and says they had complaints about a couple of sportbikes speeding and passing in curves. He takes the camera because he thinks it has evidence on it. The guys said on the board it wasn't them who were acting the fool on the road but they had done some questionably things earlier. I've seen people filming with the speedo in the frame (Loomis) and was wondering if they pulled you for some other offense could they take your camera and really give you a royal screwing.
     
  19. dadofthree

    dadofthree Seasoned Beef Donating Member

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    Reminds me of an old song , I fought the law and the law won. Anyway, we haven't been told what was going on, but as already stated it may have been evidence. Now I'm sure if the officer took your camera you would ask him politely what he was doing, and he would hopefully , respectfully answer you in a professional way. Personally, I'm not getting beat, sprayed, tazed, shot over a $300 camera :laugh:
     
  20. dadofthree

    dadofthree Seasoned Beef Donating Member

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    Oh yeah, Hey same, can you put this fella in with Big Jim, he'll love this :laugh:
     

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