Cops Searching Camera's - Know your rights  

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DZ
  • DZ
  • Standard User
  • Member No.: 1,854
  • Joined: 11-March 03
  • Posts: 303
  • From: Australia
Post #1 post 10th March 2005 - 02:44 PM
Its come up before, and I heard about it again last night at Riverside.
Cops telling people that they want to look at the photo's they've taken.
Most of the time its cool and just easier to let the cops have a look and be done with it. But what if theres some pics on the camera of your girlfriend/boyfriend taken in the bedroom. Theres nothing illegal about taking some happy snaps at home but its nothing you'd want the cops to see. This is just an example, but basically outlines that sometimes you dont want some nosey cop looking through your stuff.

Now, a digital camera is your personal property, thats obvious.
To search your personal property the cop must reasonably suspect that you have evidence of a crime in that personal property.
So, if you've been taking snaps of parked cars (cars that the officer could walk around and take snaps of themselves) then theres no reason for the cop to search your property (ie: camera).

If you are in a position where you dont want the cop to look through your photos, what you need to do is politely ask the officer what they expect to find on your camera. If they cant come up with a reasonably specific thing they are looking for then you dont have to let them.
ie: If the cop says "I saw someone doing burnouts and saw you taking pics of it" then thats a reasonable suspicion that you'll have evidence of that crime on your camera.
However, if the cops says "I just want to check your camera, dont argue with me" then thats not reasonable suspicion and you can POLITELY tell them that you refuse to let them.

Below is the section from the Police Powers and Responsibilities Act 2000 that covers this searching for evidence.

113 Power to seize evidence generally
(1) This section applies if a police officer lawfully enters a place,
or is at a public place, and finds at the place a thing the officer
reasonably suspects is evidence of the commission of an
offence.
(2) The police officer may seize the thing, whether or not as
evidence under a warrant and, if the police officer is acting
under a warrant, whether or not the offence is one in relation
to which the warrant is issued.
(3) Also, the police officer may photograph the thing seized or
the place from which the thing was seized.
(4) The police officer may stay on the place and re-enter it for the
time reasonably necessary to remove the thing from the place.

--------------------
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Morgish
Post #2

Great work Cam.

Clear'd it up for me! biggrin.gif (Y)

Tree Fitty Z
Post #3

good information there, thanks for doin the research.

SupraCrazy
Post #4

What would happen if you erased the camera & the officer knows that there was evidence on the camera ?

MR AKE70
Post #5

So what if they say they saw you taking photo's of a car doing a burnout, but they actually didn't.

maximum.boost
Post #6

So basically the police officer can make up any old bullshit, whether or not he has a warrant or not and can confiscate your camera either way if he suspects a crime was committed.

Great system, lets hope that officer isnt on a power trip at the time or what if he has something personal against 'imports & performance vehicles' head_wall.gif

zorak
Post #7

Next they will be charging you as an accesory to an offence for taking a photo of a skid.

KylerKF
Post #8

Or if you do have evidence or porno on the camera, when he asks for it just take out the memory car and snap it in half. What's he gonna do? It's your shit so break it if you want...

Or just give him the memory card heh. Cause there's no way a camera with no memory card can be holding any "evidence" (excludes built in memory).

70XIN
Post #9

YES!! biggrin.gif

thanks man, i get harassed about this every time i go out cruising with my camera smile.gif

ELLIS
Post #10

Hey.

Just writing to say that the cops can do you guys for what is on the video tape. If you guys see cops put the camera away and hide it.
I got done the other day for what was on a video tape and lost my liscence Diqualified for 6 months... Its not a good feeling when you get done by one of your mates bloody video camera. It ws 7 months ago it happened and it has been to court evry month for 6 months and only got decided on monday... its fucked in the head whats cops can do these days... Invasion of privacy in some ways it is...
but if you guys do record somethin make sure it stays hidden away from the cops otherwise you will lose mates over it...


warrior_350
Post #11

I had something similar happen to me. I got fined for answering my mobile as i was pulling into a servo. Fair enough, but he told me to give him my phone and then show him who the call came from, threatening to confiscate it when i refused. Said he needed it for the ticket, but he just wrote down the guys number and mine on some scrap paper then wrote up the ticket. I considered him looking through my phone an invasion of privacy, but it seems they are allowed to confiscate stuff then?

Jaryd
Post #12

they just think cos they control the law that they are above it.

i hate them. got no respect for them at all.

SkiDMaN
Post #13

meh... just format the camera... dont take any more pics... take it home and do a sector recovery on the memory card... walla tongue.gif

but im just a geek tongue.gif

crazy_bunny
Post #14

if u see a cop remove the memory card thats all i do. and then i stick an empty one in easy.....

MaSteR
Post #15

I didnt even know any of these rules against cameras existed. Thanks for all of the tips...

Lexcen
Post #16

i never knew of this, thanks heaps for this tip, iv taken pics n vids of cars doin skids, from now on ill b abit more careful so they dont get done wink.gif

CSX 16
Post #17

QUOTE(SkiDMaN @ Mar 11 2005, 10:57 AM)
meh... just format the camera... dont take any more pics... take it home and do a sector recovery on the memory card... walla tongue.gif

but im just a geek tongue.gif
[right][snapback]5002400[/snapback][/right]


I didn't think sector recovery worked on flash memory since it changes all the bits back to zero.


QUOTE( KylerKF Posted Today @ 10:27 AM )
  Or if you do have evidence or porno on the camera, when he asks for it just take out the memory car and snap it in half. What's he gonna do? It's your shit so break it if you want...


That's what I was thinking. Or as you see a cop walking up to you just have delete all selected on the camera so if he does ask to see what's on there you just hit one button before you hand it over and it's all gone.

Video cameras are a bit harder, just make sure the tape is out and hidden somewhere when the officer comes to have a chat.

OverDose
Post #18

there is also a crazy corruption thing, the rules might be there, but doesnt mean theyll follow them

SkiDMaN
Post #19

the sector recovery does work
i do it at work for customers...
also a odd thing i have found... say a 256mb sd or compact flash card... if i do a sector scan on it... it will pull about 800mb of data out of it... i think someone needs to hack these cards cause they can hold alot more data than what they say biggrin.gif

DattoGirl
Post #20

QUOTE(ELLIS @ Mar 11 2005, 10:39 AM)
Hey.

Just writing to say that the cops can do you guys for what is on the video tape. If you guys see cops put the camera away and hide it.
I got done the other day for what was on a video tape and lost my liscence Diqualified for 6 months... Its not a good feeling when you get done by one of your mates bloody video camera. It ws 7 months ago it happened and it has been to court evry month for 6 months and only got decided on monday... its fucked in the head whats cops can do these days... Invasion of privacy in some ways it is...
but if you guys do record somethin make sure it stays hidden away from the cops otherwise you will lose mates over it...
[right][snapback]5002370[/snapback][/right]



Thats why people dont like being filmed by other people, rant2.gif especially when on the highway. Its simple, just dont film people you dont know, this has happened to us before, some wanker kept race pumping us, trying to get us to do something, so that he could film it nuts.gif nuts.gif
To people who feel the need to film other peoples cars, just have some consideration, lots of people dont want their cars to be filmed for good reason, and Ellis has proven my point

avalonea
Post #21

thx for that info cam

another point to add. is it is compleatly legal to take photos of police while on duty smile.gif

thought that was a intersting one cause i have been threaten buy gold coast police for takeing photos of a office defecting cars smile.gif

`josh

DZ
Post #22

QUOTE(avalonea @ Mar 12 2005, 09:27 AM)
thx for that info cam

another point to add. is it is compleatly legal to take photos of police while on duty smile.gif

thought that was a intersting one cause i have been threaten buy gold coast police for takeing photos of a office defecting cars smile.gif

`josh
[right][snapback]5003562[/snapback][/right]


Exactly right.
As long as the photography isnt done covertly. That is, if you're standing right out in the open with your camera visable and its not a hidden camera.

You're not allowed to "secret camera" film someone as its invasion of privacy.

MCS-83
Post #23

i'd have my cameras memory card erased before the cops had a chance to view nething

Phoenix T
Post #24

there is heaps of videos posted up all over the next
of people doing like 200, 250
drifting on local streets
racing each other on local streets
DVD that have nice cars speed along a street
and you can see what the number plates are
But the cops have never done anything about it
so i dont know what they can do searching cameras is going
to do

Damone
Post #25

QUOTE(Phoenix T @ Mar 13 2005, 01:45 AM)
there is heaps of videos posted up all over the next
of people doing like 200, 250
drifting on local streets
racing each other on local streets
DVD that have nice cars speed along a street
and you can see what the number plates are
But the cops have never done anything about it
so i dont know what they can do searching cameras is going
to do
[right][snapback]5004404[/snapback][/right]


i remember reading an article about a guy that owned a ferrari (jap guy from memory) cant remember where he was, but it filmed him speeding through some highway, and a cop brought a copy of the dvd and took the guy to court over it.
using the dvd as evidence

s|r_b00st
Post #26

meh...why have that stuff on there to begin with?..

i know i myself format the card everytime i go out so i know i wont run out of photos.

i also know that when i chat to people about there car i show them the photos i take...if a cop wants to go thru my memory card then thats fine with me.

someone said break the memory card... are u on drugs... they arent cheap.


facesjump.gif meh... keep ya photos from the bedroom on the computer b4 u go out...simple

thanks for the research cam, it was interesting smile.gif

dabooda
Post #27

Oh blah ... if you're taken photos of your missus in the buff, just let the cop see it. He's bound to need to moral support after a long shift dealing with us youngins tongue.gif

VS Style
Post #28

Why not just take the batteries out and say you ran out of batteries huh.gif,

or say the camera is only for posing purposes and it doesnst actually work tongue.gif

HSV
Post #29

intellegent post there once again CK1...................

Lexcen
Post #30

QUOTE(VS Style @ Mar 13 2005, 02:50 PM)
Why not just take the batteries out and say you ran out of batteries  huh.gif,

or say the camera is only for posing purposes and it doesnst actually work tongue.gif
[right][snapback]5004724[/snapback][/right]


lol tongue.gif

kiwiboy
Post #31

thats some nice work there man.......

mister x
Post #32

regaurding that police can only charge you within a year of the offence taking place if it has been longer they cannot charge you for any traffic incidents, only.

March_Hare
Post #33

Id give him the camera, after i dropped a battery out of it smile.gif

"No, i have no idea why it doesnt work, i think the battery went flat when i was trying to take the last picture"

Cameras are known to be power hungry mofo's, especially when you start increasing exposure times or using the flash at night cool.gif

Mr Nissan Cima
Post #34

Heh...

Me and my mates got thrown about by a copper bout a year ago when he was hassling some poor kid in a VL... We taped him while he was booking them and he tried to say we were obstructing the course of justice...

aHeh... Then his bike got smashed up by some guy in a ute who backed into it accidently *Cough Cough*** Copper was illegally parked you see....

HAHAHA Some cops are ok but some just try to make it hard for us to enjoy crusing about in our cars doing nothing wrong... You would think they would chase the idiots doing burnouts in the local streets rather than industrial...

GUY 27
Post #35

Thanks for the heads up. I know somone video taped from the passager seat of a vehicle the car reaching speeds inexcess of 250km/h. about 15 minutes later drunk as fuck showed the cop and they had a laugh about it. another great one is when i was in a car at some insane speeds in a 3way highway race. needless to say car i was in was kicking ass and when we took our turn off i see passangers in both cars both holding up video cameras laughing there heads off. was great fun but stupid at the same time. I always take all photos off my phone and camera daily on to my computer.

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