Laws regarding camcorders and video taping.
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Laws regarding camcorders and video taping.
If this doesnt belong here, move it, but I figure many street racers have/ will like encounter something like this.
But anyway, im wondering if a cop pulls you over, are you allowed to keep taping him? surely he will tell you to turn it off, but do you HAVE to?
turning it off will probably make him be a bit nicer, but it also makes for good footage sometimes.
So say you dont turn it off, and he threatens/tries to comfiscate (sp) the camcorder or tape. does he have the right to do this? if he tries to what actions can you take to ensure he doesnt if hes not allowed to?
I will be taking a lot of footage when the season rolls back around, and if I run into this I need to know what to do, sure I can turn the red light off and say the cam is off when its not, but he can still try to take the $1500+ camera and I definately dont want to play that game.
Im in michigan if its possible the laws are different per state, and if possible get written law instead of I think law, id hate to say he cant do something when in reality he can
But anyway, im wondering if a cop pulls you over, are you allowed to keep taping him? surely he will tell you to turn it off, but do you HAVE to?
turning it off will probably make him be a bit nicer, but it also makes for good footage sometimes.
So say you dont turn it off, and he threatens/tries to comfiscate (sp) the camcorder or tape. does he have the right to do this? if he tries to what actions can you take to ensure he doesnt if hes not allowed to?
I will be taking a lot of footage when the season rolls back around, and if I run into this I need to know what to do, sure I can turn the red light off and say the cam is off when its not, but he can still try to take the $1500+ camera and I definately dont want to play that game.
Im in michigan if its possible the laws are different per state, and if possible get written law instead of I think law, id hate to say he cant do something when in reality he can
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I have heard of the police confiscating video tapes taken by the driver, and actually used against him. There was a pack of volkswagens swerving in and out of cones, in and out of traffic, and using the break down lanes going excessively fast. Motorists along the freeway called and reported it, and the police eventually pulled them all over. One of them was video taping the whole thing and the cops took it. It happened in Mass. though, not MI. It could be different but I doubt it.
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If you get pulled over for breaking the law and they see the video tape as proof that you did, its just evidence I would think. It’s like robbing a bank and tapping it. If they catch you why wouldn’t they use it against you? Now if you’re just driving like miss daisy and they pull you over you should be allowed to have it to say you want to protect yourself from violence. I mean you could pull the race card even if your white lol. I am sure that might get you far though.
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lol yea, talking to the white officer.. "ITS BECAUSE IM WHITE ISNT IT!"
Yea, if your racing around then its probly better to toss,hide the tape..but like if I was taping the races at the local spot, not doing anything wrong myself.
Yea, if your racing around then its probly better to toss,hide the tape..but like if I was taping the races at the local spot, not doing anything wrong myself.
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Originally Posted by generalchaos
lol yea, talking to the white officer.. "ITS BECAUSE IM WHITE ISNT IT!"
Yea, if your racing around then its probly better to toss,hide the tape..but like if I was taping the races at the local spot, not doing anything wrong myself.
Yea, if your racing around then its probly better to toss,hide the tape..but like if I was taping the races at the local spot, not doing anything wrong myself.
Again back to the bank robbing. A crime is a crime. They could take the tape not the video camera though. They have no legal right to take your camera. It’s yours and as far as they are concerned you can lie and say hey I was walking my imaginary dog and he ran away because the loud cars and I wanted to video tape them. They can only take the tape. Not your personal possessions. They would be stealing at that point. It is just a video camera.
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doesnt that kind of contradict itself? well, if we were doing illegal activity it wouldnt, but if we were taping a public event (IE street racing) at a safe distance, id think that is stealing still.
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Here in Las Vegas there is a law against being a spectator at an illegal street race. I can't remember the exact fine but it is something like $1000. That being said, even if you were not racing but watching and you wanted to video tape it then you would be participating.....which is illegal here in Vegas. If it were me, then I would hide the camera or turn it off just to please the police and hoped that they cut me a break.
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I will clarify myself about the VW incident, the cop took the tape and gave the camera back. I would imagine they have to give the tape back as well, but only after they are done with it? could be forever I suppose.
I know around here watching street racing gets you locked up. So, if you were there videotaping I'm sure you'd see the slammer and they would consider the camera evidence at a crime scene.
I know around here watching street racing gets you locked up. So, if you were there videotaping I'm sure you'd see the slammer and they would consider the camera evidence at a crime scene.
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Originally Posted by generalchaos
doesnt that kind of contradict itself? well, if we were doing illegal activity it wouldnt, but if we were taping a public event (IE street racing) at a safe distance, id think that is stealing still.
Street racing a public event?? I would think there is a fine line between knowingly video taping something that is against the law or your driving by and you see two guys getting ready to race and you video tape it. The law is so unclear in some instances like this.
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watching the races is illegal here to im sure, although the cops around here dont really care to much.
Either way its still a public event, people make and sell street racing dvd's, tv stations and news channels make documentaries about them, but they do not get in trouble for it....wouldnt it be the same thing? part of the press freedom is making your own documentaries and things as well, and it is out in the public...
I honestly dont think I have anything to worry about, but just IF it happened.
Either way its still a public event, people make and sell street racing dvd's, tv stations and news channels make documentaries about them, but they do not get in trouble for it....wouldnt it be the same thing? part of the press freedom is making your own documentaries and things as well, and it is out in the public...
I honestly dont think I have anything to worry about, but just IF it happened.
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Originally Posted by generalchaos
watching the races is illegal here to im sure, although the cops around here dont really care to much.
Either way its still a public event, people make and sell street racing dvd's, tv stations and news channels make documentaries about them, but they do not get in trouble for it....wouldnt it be the same thing? part of the press freedom is making your own documentaries and things as well, and it is out in the public...
I honestly dont think I have anything to worry about, but just IF it happened.
Either way its still a public event, people make and sell street racing dvd's, tv stations and news channels make documentaries about them, but they do not get in trouble for it....wouldnt it be the same thing? part of the press freedom is making your own documentaries and things as well, and it is out in the public...
I honestly dont think I have anything to worry about, but just IF it happened.
I dont know where you guys race but racing in public is cause for a darwin award. Most documentaries dont put peoples lives at risk with crazy people behind high powered cars. There was a video with a girl behind the wheel of a z28 ls1 and a person in a sn95 99 and newer stang. Girl stalls. Then starts it back up and floors it trying to catch the stang. She losses control and hits a car or two and hits some people. I know the police would want to see that video.
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street racing isnt the best idea in the world, but it happens, and its in the public.
Now people getting hit is definately a problem. Back before I even knew of such events it was on the news of a mustang blowing a tire or something, and killing a girl, while the cops just watched....they got a lot of heat for that....but where I go they dont let anyone past the starting line for such reasons....so even though it is still very dangerous, its "safe" when it comes to street racing.
And im sure if something like that went down theyd definately want it, but im not sure if im entitled to give it to them if I dont want to...but theyd probly get me for withholding evidence if I didnt.
Now people getting hit is definately a problem. Back before I even knew of such events it was on the news of a mustang blowing a tire or something, and killing a girl, while the cops just watched....they got a lot of heat for that....but where I go they dont let anyone past the starting line for such reasons....so even though it is still very dangerous, its "safe" when it comes to street racing.
And im sure if something like that went down theyd definately want it, but im not sure if im entitled to give it to them if I dont want to...but theyd probly get me for withholding evidence if I didnt.
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legally, they cannot take the camera or the tape. You can tape them as much as you want to, because on the reverse they are taping you. They will take the whole car and the camcorder if it came down to it. They would take the tape for evidence of street racing if applicable and they would impound the car.
#16
sigh..whatever happened to the constitution.
They can take it..but I don't believe they should as per search and seizure laws..but right now the law disagrees with the law.
They can take it..but I don't believe they should as per search and seizure laws..but right now the law disagrees with the law.
#17
just as the others have said, they can take your tape but not your camera. They also can get a warrant if they have to search your car. I say make them of course. They better have good evidence. As for being a watcher, specator....it's illegal in almost every state now. It's up to $500 here and usually only $100 bucks. They do enforce it here in Maryland. I friend of mine got one, hehe. The reason they do give out tickets because it instigates the drag races. Honestly, it makes sense having that law.
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I would have to say that if you're taping in public its ok. As long as you're not using what you record to slander anyone. Though if you get someone doing something stupid and they see themselves on TV, they may get p-o'ed at ya.
Best advice, don't get caught!
Best advice, don't get caught!
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From what I was told by a friend (who used to be an officer) I think it was that you are able to record him, but you must make him aware that you are...? Otherwise it's deemed un-useable in the courts. I forget why, but I think I asked this before (I did it and had a cop swearing at me jus for asking "Why did you pull me over") But anyways, I'd say try it and if the judge says it's deemed inadmissable... you tried.