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Dashcam question regarding police

Warpy

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This is something I've always wondered under Australian law, so here is my question.

If a police officer accuses a person of unlawful behavior whilst driving, can the officer confiscate a dashcam or recording device if this can prove the accused of their innocence?

For example:

You were accused of driving in a manner dangerous, speeding, not complying with road rules etc

I have heard of reports in the USA were police officers have seized a persons dashcam or phone for the purpose of evidence when they have advised that they can prove their innocence with their dashcam.
 

87RB30VL

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As far as I know if they accuse you of doing something, they can't because you haven't been charged for anything, so you can use the footage in your defence evidence, but if you were drifting infront of cops with go pros all over your car, then yeah I think they can take them off you
 

Warpy

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As far as I know if they accuse you of doing something, they can't because you haven't been charged for anything, so you can use the footage in your defence evidence, but if you were drifting infront of cops with go pros all over your car, then yeah I think they can take them off you
I was referring to the person behaving normally but being falsely accused.

I would have thought it would be in the officers interest to confiscate any evidence that would prove him wrong, like what has recently been happening in the USA. I just wasnt sure what our laws allowed...
 

_R_J_K_

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Probably better off not mentioning it at all and using it as evidence later.
 

Turd Ferguson

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"Motorcyclists caught 'street racing' - Cowan

Sunday, 17 June 2012 06:46:09 AM

Police have charged two motorcyclists and will confiscate their bikes after being allegedly caught ‘street racing’ north of Sydney yesterday afternoon.

About 3.45pm (Saturday 16 June), highway patrol officers from Kuring-gai Local Area Command spotted the motorcycles travelling south on the Pacific Highway near Cowan at 140kph in an 80kph zone.

The motorcycles were travelling side-by-side in what police will allege was a form of ‘street race’.

Police stopped both bikes and spoke with the two drivers, men aged 49 and 47.

Officers also seized a video camera which was found fitted and recording on one of the bikes.

A subsequent viewing of that vision showed the bikes travelling for more than two kilometres along winding roads at an average speed of 128kph.

Police arrested both drivers and charged them with street racing, dangerous driving and exceeding the speed limit by more than 45 kph.

Their licences have also been suspended and police will issue a notice to confiscate both bikes.

The pair is due to appear at Hornsby Local Court on July 11."

Moral of the story, Don't record yourself breaking the law.
 

_R_J_K_

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Moral of the story, Don't record yourself breaking the law.
He's talking about being accused of an offense you didn't commit and using the footage to prove your innocence.

But your article does mention video recorders being seized, probably because the officers could see them doing it.
 

c2105026

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They would need a search warrant (or similar) to enter your vehicle, I thought?
 

Warpy

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He's talking about being accused of an offense you didn't commit and using the footage to prove your innocence.

But your article does mention video recorders being seized, probably because the officers could see them doing it.
Yep thats spot on.
 

Turd Ferguson

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If the officers want the footage they will take it.

But in the instance that it could prove your innocence and they deleted the footage then you would have a damn strong case on your hands.
 
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