Is dash cam evidence allowed in an investigation

[Likes_to_tow]

Big question about dash cams and the legality of using them in court. Has anyone actually used the recorded video proof in an accident investigation???? It seems some people are saying dash cams are illegal in some states or their use in an investigation or litigation is not allowed as evidence!!! Is this true??? It seems logical since many times during a law suit incriminating evidence is not allowed. What are some opinions on this from those who have experienced an accident.

[Bumpyroad]

valhalla360 wrote:

Bumpyroad wrote:
I reformat my SD card daily. sorry about that.
bumpy

If you have that as an established protocol and can prove you do it regularly...that can hold up...if you can reasonably claim you didn't know it was likely to be evidence in a case.

Used to work for a state DOT and they didn't want to get caught up in every fender bender with requests for video, so they had a protocol for deleting video...of course the operators in charge of the deletion didn't watch it, so unless something big happened and they were specifically requested to save the video, they could reasonably claim they had no knowledge and were following protocol.

Of course, as an individual, if you do it after there is obvious evidence subject to a trial, you will still be found to have tampered with evidence.

my camera periodically notifies me that it should be reformatted. just following instructions. put a small SD card in to rush things.
reminds me of years back, one fella at work was warned to not have lunch with a specific person/firm. seems he did schedule a meeting and recorded it on his desk calendar. when they started checking this out, he ripped out the page and threw it away. they did the old rubbing a pencil lead across the next page and sure enough the appointment was visible. 🙂
bumppy

[valhalla360]

Bumpyroad wrote:
I reformat my SD card daily. sorry about that.
bumpy

If you have that as an established protocol and can prove you do it regularly...that can hold up...if you can reasonably claim you didn't know it was likely to be evidence in a case.

Used to work for a state DOT and they didn't want to get caught up in every fender bender with requests for video, so they had a protocol for deleting video...of course the operators in charge of the deletion didn't watch it, so unless something big happened and they were specifically requested to save the video, they could reasonably claim they had no knowledge and were following protocol.

Of course, as an individual, if you do it after there is obvious evidence subject to a trial, you will still be found to have tampered with evidence.

[lakeside013104]

LibertyMan wrote:
I cannot stand a liar and I come across them all the time.

So true with me also.

In my case, (Federal LEO) telling a lie to me was a felony. Even after telling the subject of the possible felony charge for telling a lie, many opened their mouths and spoke no truth. Cameras often showed the facts, to which some folks denied their actions even after viewing the videos.

Unedited version of a video shows the actions up to, during, and after the incident. In my career, probably 70% of my inaction with the public was video taped. What was not taped, was in areas where there were no cameras. Being on camera was just part of the job and a tool that was often used to prove the facts of an interaction between parties.

Cameras were just part of life, so with that in mind, being on one's best behavior was the norm because arm chair quarterbacks could dissect video by the micro second and analyze any situation to determine 'what really happened'.

Lakeside

[mich800]

JaxDad wrote:

CFerguson wrote:

tdiller wrote:

CFerguson wrote:

tdiller wrote:
Funny I read this post yesterday and just last night as I was babysitting my granddaughter while my son went to the doctor, my son called me on his way home to tell me that he was delayed because he was a witness to an accident. He captured it on his dashcam and mentioned it to the officer. The officer took his memory card form the dashcam as evidence. So now he has to buy a new memory card. My dashcam on the other hand allows a wifi connection to my smartphone so I can transfer the video file to my smartphone and then do what ever with it. Like email it to the officer.

The officer aint going to go for that. Its a chain of evidence thing. He'll get his card back (may have to be a pest in some places), but it'll be a while.

Hardly worth the effort when a micro sd card is so inexpensive nowadays. Same thing happened to another camera we had in my wife's store when someone broke in. The officer took the sd card and we never saw it again. At least this time the video was also uploaded to my phone.

Agree totally with you.
Good friend of mine was in charge of the evidence locker at my local county PD. He told me of several incidences where he couldn't just return someones property as the judge was making the guy jump thru hoops for 1 reason or another.

It depends on WHAT it is that's in evidence.

A local trouble-maker was pinched a couple of years back for 'suspected' jack-lighting (illegal night hunting), his rifle was seized as evidence in the case. Nudge, nudge, wink, wink.

The owner asked a few times when he would get it back and was told 'right after the trial'.

I understand he still hasn't asked for a trial date....

Justice is served!!!!

LOL

Other then the illegality of being charged and not receiving a speedy trial. Nice story. :B

[JaxDad]

CFerguson wrote:

tdiller wrote:

CFerguson wrote:

tdiller wrote:
Funny I read this post yesterday and just last night as I was babysitting my granddaughter while my son went to the doctor, my son called me on his way home to tell me that he was delayed because he was a witness to an accident. He captured it on his dashcam and mentioned it to the officer. The officer took his memory card form the dashcam as evidence. So now he has to buy a new memory card. My dashcam on the other hand allows a wifi connection to my smartphone so I can transfer the video file to my smartphone and then do what ever with it. Like email it to the officer.

The officer aint going to go for that. Its a chain of evidence thing. He'll get his card back (may have to be a pest in some places), but it'll be a while.

Hardly worth the effort when a micro sd card is so inexpensive nowadays. Same thing happened to another camera we had in my wife's store when someone broke in. The officer took the sd card and we never saw it again. At least this time the video was also uploaded to my phone.

Agree totally with you.
Good friend of mine was in charge of the evidence locker at my local county PD. He told me of several incidences where he couldn't just return someones property as the judge was making the guy jump thru hoops for 1 reason or another.

It depends on WHAT it is that's in evidence.

A local trouble-maker was pinched a couple of years back for 'suspected' jack-lighting (illegal night hunting), his rifle was seized as evidence in the case. Nudge, nudge, wink, wink.

The owner asked a few times when he would get it back and was told 'right after the trial'.

I understand he still hasn't asked for a trial date....

Justice is served!!!!

LOL

[run100]

It would be a sad day if dash cam videos were not allowed as evidence. Far too often, people are not held accountable for their actions because of a lame technicality. Let evidence speak for itself.

[Dtank]

.

Active or retired JUDGES - please comment....:R

.

[CFerguson]

tdiller wrote:

CFerguson wrote:

tdiller wrote:
Funny I read this post yesterday and just last night as I was babysitting my granddaughter while my son went to the doctor, my son called me on his way home to tell me that he was delayed because he was a witness to an accident. He captured it on his dashcam and mentioned it to the officer. The officer took his memory card form the dashcam as evidence. So now he has to buy a new memory card. My dashcam on the other hand allows a wifi connection to my smartphone so I can transfer the video file to my smartphone and then do what ever with it. Like email it to the officer.

The officer aint going to go for that. Its a chain of evidence thing. He'll get his card back (may have to be a pest in some places), but it'll be a while.

Hardly worth the effort when a micro sd card is so inexpensive nowadays. Same thing happened to another camera we had in my wife's store when someone broke in. The officer took the sd card and we never saw it again. At least this time the video was also uploaded to my phone.

Agree totally with you.
Good friend of mine was in charge of the evidence locker at my local county PD. He told me of several incidences where he couldn't just return someones property as the judge was making the guy jump thru hoops for 1 reason or another.

[All_I_could_aff]

Hopefully there aren’t any embarrassing scenes from previous days files

[tdiller]

CFerguson wrote:

tdiller wrote:
Funny I read this post yesterday and just last night as I was babysitting my granddaughter while my son went to the doctor, my son called me on his way home to tell me that he was delayed because he was a witness to an accident. He captured it on his dashcam and mentioned it to the officer. The officer took his memory card form the dashcam as evidence. So now he has to buy a new memory card. My dashcam on the other hand allows a wifi connection to my smartphone so I can transfer the video file to my smartphone and then do what ever with it. Like email it to the officer.

The officer aint going to go for that. Its a chain of evidence thing. He'll get his card back (may have to be a pest in some places), but it'll be a while.

Hardly worth the effort when a micro sd card is so inexpensive nowadays. Same thing happened to another camera we had in my wife's store when someone broke in. The officer took the sd card and we never saw it again. At least this time the video was also uploaded to my phone.

[All_I_could_aff]

In addition to the potential proof of who caused an accident, my camera system has more than paid for itself in captured funny situations involving other drivers that I share with my son

[cross21114]

I provided my dash cam video of a reckless driver to the investigating officer. I had my laptop in the car, booted it up, installed the SD chip and showed him.
He was most appreciative when I gave him a copy. Not sure how it was used - I never heard back or was requested to be a witness.

[cross21114]

Lwiddis wrote:
“Do believe this particular case was settled or in other words we paid the other party off just to be done with it.”

What clearer admission of fault is there? You...your company...PAID the other driver.

I don't agree. Sometimes it happens - it's a question of total cost. Defend or pay less. I was lucky once with one of my company drivers. He was in an accident with a young lady who partially pulled up on the sidewalk to his right trying to pass. When he was able to turn right, the trailer wheels impacted her car. She was issued a summons and found guilty. 5 months later we were sued. Insuance company wanted to settle. Fortunately I was able to convince them to fight it and we won. Might have cost more to defend than settle - who knows.

[Edd505]

case law says if it's viewable by the eye it's legal to photo or video. Some states require two party consent for voice recording. Keep the dash cam and let the courts decide if it gets let in. I can testify to custody & the experts can tell if it's been tampered with.