Legal in the U.S.? - Page 2 - Ducati Supersport 939 Forum
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post #11 of 13 (permalink) Old 12-04-2019, 11:43 AM
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Originally Posted by 1uglybastard View Post
There was a case in Dallas, Texas where a guy with a helmet cam was riding within a stunt crew, but everyone else was doing stunts, not the cam guy. The cop couldn't catch the stunters, but he did pull over the guy with cam and tell him to give up the cam. The rider said not without a warrant, so the cop arrested him for a chump charge, like plate not displayed well enough or something. Then he confiscated the camera, which also recorded the arrest.

It was ruled an unconstitutional arrest and seizure and all charges were dropped. The police chief apologized to the guy.
Generally, getting stopped for a traffic violation is no basis for an arrest. In the quote, it appears the LEO had no probable cause to arrest the rider and therefore no right to seize the camera with its digital video contents.

Beware of reliance upon anecdotal legal precedent because they are not actually precedent most of the time.
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post #12 of 13 (permalink) Old 12-04-2019, 08:16 PM Thread Starter
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post #13 of 13 (permalink) Old 12-05-2019, 12:17 AM
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Originally Posted by macraige View Post
I donít know about the UK, but in the USA there is U.S. Supreme Court precedent holding that ďA law enforcement officer may lawfully seize an item if he has probable cause to believe that the item is either (1) evidence of a crime, or (2) an instrumentality or object of a crime.Ē United States v. Place, 462 U.S. 696, 701, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983).
This is also true in Canada. Some particularly obnoxious officers will confiscate the phones of bystanders recording police interactions as evidence against the suspect they're fighting with.

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Originally Posted by DucColin View Post
Iíve seen cases in the U.K. where someone posted a YouTube video of them riding like a moron, the Police managed to track them down and successfully prosecuted them. If your stupid enough to put in on there you deserve to get caught.
If this ever happens, for the sake of all things worthy, DON'T TALK to the police at all. If your face isn't shown, without you admitting to anything, it's nearly impossible to prove you are the rider unless the video rolls solid from offence to traffic stop.

You will never talk your way out of a charge, but you can certainly talk yourself into guilt.

Quote:
Originally Posted by macraige View Post
Generally, getting stopped for a traffic violation is no basis for an arrest. In the quote, it appears the LEO had no probable cause to arrest the rider and therefore no right to seize the camera with its digital video contents.

Beware of reliance upon anecdotal legal precedent because they are not actually precedent most of the time.
In many jurisdictions, traffic violations are arrestable offences, its just in all but the most obscure cases, end in citation not arrest.
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