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  • FIRST POST
    • sleepymans
    • By sleepymans 16th May 18, 3:38 PM
    • 761Posts
    • 1,142Thanks
    sleepymans
    Dash cam - evidence
    • #1
    • 16th May 18, 3:38 PM
    Dash cam - evidence 16th May 18 at 3:38 PM
    Just a hypothetical issue springs to mind....
    I have a dash cam which records onto a micro sd card.

    I am stopped by police who allege a minor motoring offence such as speeding or running a red light or crossing a double white line.
    Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?
    Last edited by sleepymans; 16-05-2018 at 3:46 PM. Reason: Typo
    Goddess
Page 1
    • ohreally
    • By ohreally 16th May 18, 3:46 PM
    • 6,682 Posts
    • 5,208 Thanks
    ohreally
    • #2
    • 16th May 18, 3:46 PM
    • #2
    • 16th May 18, 3:46 PM
    If it's incriminating press the format button, if it mitigates use it for your benefit.
    Donít be a canít, be a can.
    • AndyMc.....
    • By AndyMc..... 16th May 18, 3:56 PM
    • 1,734 Posts
    • 1,073 Thanks
    AndyMc.....
    • #3
    • 16th May 18, 3:56 PM
    • #3
    • 16th May 18, 3:56 PM
    Just a hypothetical issue springs to mind....
    I have a dash cam which records onto a micro sd card.

    I am stopped by police who allege a minor motoring offence such as speeding or running a red light or crossing a double white line.
    Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?
    Originally posted by sleepymans
    Neither of those are minor offences, all are endorsable and will put points on your licence.

    Your dash cam will probably to assist in a minor offence such as a blown parking light bulb.
    • Merlin139
    • By Merlin139 16th May 18, 4:10 PM
    • 4,900 Posts
    • 19,794 Thanks
    Merlin139
    • #4
    • 16th May 18, 4:10 PM
    • #4
    • 16th May 18, 4:10 PM
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.
    • TonyMMM
    • By TonyMMM 16th May 18, 5:07 PM
    • 2,683 Posts
    • 2,988 Thanks
    TonyMMM
    • #5
    • 16th May 18, 5:07 PM
    • #5
    • 16th May 18, 5:07 PM
    Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?
    Originally posted by sleepymans
    Yes to both.
    • Car 54
    • By Car 54 16th May 18, 5:20 PM
    • 3,109 Posts
    • 1,939 Thanks
    Car 54
    • #6
    • 16th May 18, 5:20 PM
    • #6
    • 16th May 18, 5:20 PM
    Yes to both.
    Originally posted by TonyMMM
    Are you sure about seizure? Remember the OP is asking about a minor motoring offence.
    • TonyMMM
    • By TonyMMM 16th May 18, 5:27 PM
    • 2,683 Posts
    • 2,988 Thanks
    TonyMMM
    • #7
    • 16th May 18, 5:27 PM
    • #7
    • 16th May 18, 5:27 PM
    Are you sure about seizure? Remember the OP is asking about a minor motoring offence.
    Originally posted by Car 54
    Powers of seizure under S19/20/23 of PACE should cover it .... refers to any offence.

    So it could be seized, but not necessarily would be ( and most probably wouldn't be in any minor case) ...but the option is there for more serious infringements.
    Last edited by TonyMMM; 16-05-2018 at 5:35 PM.
    • Nasqueron
    • By Nasqueron 16th May 18, 5:33 PM
    • 4,942 Posts
    • 2,999 Thanks
    Nasqueron
    • #8
    • 16th May 18, 5:33 PM
    • #8
    • 16th May 18, 5:33 PM
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.
    Originally posted by Merlin139
    Guessing it would be better just to put the file on a CD for them! I have one on my car and on my bike helmet and have provided the footage to a car owner once in the event of an accident but only gave them the file. Would prefer not to have plod poking through my driving footage even though it's probably better than my cycling footage - though they could send tickets to all the drivers I catch jumping red lights I suppose
    • AndyMc.....
    • By AndyMc..... 16th May 18, 5:35 PM
    • 1,734 Posts
    • 1,073 Thanks
    AndyMc.....
    • #9
    • 16th May 18, 5:35 PM
    • #9
    • 16th May 18, 5:35 PM
    Powers of seizure under S19/20/23 of PACE should cover it .... refers to any offence.

    SO it could be siezed, but not necessarily would be
    Originally posted by TonyMMM
    How do they get inside your car to exercise said powers?
    • Car 54
    • By Car 54 16th May 18, 6:15 PM
    • 3,109 Posts
    • 1,939 Thanks
    Car 54
    If it's incriminating press the format button
    Originally posted by ohreally
    That sounds a lot like encouraging or assisting the perversion of the course of justice, which is itself a crime.
    • z1a
    • By z1a 16th May 18, 8:52 PM
    • 1,385 Posts
    • 1,330 Thanks
    z1a
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.
    Originally posted by Merlin139
    Does it show who's driving? I doubt it, so how could it be used to prosecute you?
    • AndyMc.....
    • By AndyMc..... 16th May 18, 9:06 PM
    • 1,734 Posts
    • 1,073 Thanks
    AndyMc.....
    Does it show who's driving? I doubt it, so how could it be used to prosecute you?
    Originally posted by z1a
    Do you really need the possibilities explaining to you?
    • LeeUK
    • By LeeUK 17th May 18, 11:39 AM
    • 5,993 Posts
    • 2,725 Thanks
    LeeUK
    They would have to have serious ground to seize it, like if you are already under arrest for something. They can't just pull you over for any unknown (made up) reason and demand your SD card.

    They can't even make you get out of your car unless under arrest.
    • Stoke
    • By Stoke 17th May 18, 11:57 AM
    • 2,413 Posts
    • 1,777 Thanks
    Stoke
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.
    Originally posted by Merlin139
    Sounds like top coppering to me that does. Dixon of Dock Green.
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