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Open Roads Forum  >  General RVing Issues

 > Is dash cam evidence allowed in an investigation

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CFerguson

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Posted: 12/25/19 10:56am Link  |  Quote  |  Print  |  Notify Moderator

Yes it is admissible. Period. If there are issues of alteration or whatnot, they will be fought out in open court. Specific circumstances will then apply.

I run 2 cams, 1 forward and 1 backward pointing.

PastorCharlie

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Posted: 12/25/19 11:04am Link  |  Quote  |  Print  |  Notify Moderator

I have read some discussion about the possibility of those within the vehicle with the camera if it has sound recording being sued. There is the possibility of some states not allowing voice recordings without permission to do so. Cab discussion may be recorded without everyone knowing it is doing so. Perhaps either tell all passengers what they say is being recorded and/or post sign they are being recorded.

ItsyRV

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Posted: 12/25/19 12:12pm Link  |  Quote  |  Print  |  Notify Moderator

Dash cam video is used in a on scene LEO accident investigation.
Dash cam video is used in insurance claim investigation.
Dash cam video is admissible in civil and criminal court cases.

Dash cam video is subject to a challenge and that is where the rules in each state varies. Most challenges are over the authenticity of the video. LEO's viewing dash cam video direct from the unit with no ability to edit is not the same as someone handing over an edited version of the video showing only what supports their version of events. This is why in federal government and commercial transports equip with dash cams, the entire memory chip is removed, logged and preserved unedited until the situation is long resolved.


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bigred1cav

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Posted: 12/25/19 01:24pm Link  |  Quote  |  Print  |  Notify Moderator

if you're at fault destroy the video





mobeewan

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Posted: 12/25/19 02:00pm Link  |  Quote  |  Print  |  Notify Moderator

bigred1cav wrote:

if you're at fault destroy the video


I guess you don't realize that would be a crime in itself of destroying evidence.

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Posted: 12/25/19 02:19pm Link  |  Quote  |  Print  |  Notify Moderator

mobeewan wrote:

bigred1cav wrote:

if you're at fault destroy the video


I guess you don't realize that would be a crime in itself of destroying evidence.


what evidence. the camera was not hooked up at the time, the SD card failed, etc.
bumpy





PNW_Steve

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Posted: 12/25/19 02:22pm Link  |  Quote  |  Print  |  Notify Moderator

Ivylog wrote:

If serious enough (going to court) I would insist on the LEO taking possession of the camera (with a receipt) so the chain of evidence is maintained.


I used to run all of the technology for the local Sheriffs office. From my experience there, I would say that the above advice is excellent.


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LibertyMan

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Posted: 12/25/19 05:13pm Link  |  Quote  |  Print  |  Notify Moderator

As a cop, I have looked at someones dash cam once when both parties were disputing the facts. After watching the footage , the at fault party had a sudden recollection and changed their story. I noted that in the wreck report and also that I observed clearly the at fault vehicle make an unsafe/illegal lane change and also failed to signal lane change. I advised the person with the footage to save it until all damages were settled. The insurance company actually got in touch with me and thanked me for taking the time to review the footage on the spot and notate everything on the wreck report. I cannot stand a liar and I come across them all the time.


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valhalla360

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Posted: 12/25/19 06:42pm Link  |  Quote  |  Print  |  Notify Moderator

Assuming on a public road...there is no expectation of privacy, so it is absolutely admissible.

Of course, if there is evidence of tampering, they may set it aside but with no evidence of tampering or other complications, it will hold up.

A verbal conversation in the cab caught on the recording may no be admissible if they weren't notified ahead of time in some jurisdictions. But even then, it could be beneficial. If the other evidence appears that you are guilty but the conversation exonerates you, they may not be able to pursue the guilty party using the conversation but it should still get you off the hook as the prosecutor shouldn't pursue charges if they know you are innocent, even if it's not admissible.

PS: Video may not show the whole story so while it will be admissible, other evidence may override the video.


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JRscooby

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Posted: 12/26/19 04:29am Link  |  Quote  |  Print  |  Notify Moderator

mobeewan wrote:

bigred1cav wrote:

if you're at fault destroy the video


I guess you don't realize that would be a crime in itself of destroying evidence.


Not sure about that any more. What happens in Fed court shows up in states. In the news lately lots of stories about hiding evidence of mis-deeds is socially acceptable to a large percentage of population...

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