Cameras and Cops

[Nudie]

Does anyone know if a cop can legally take your bike/helmet mounted camera?
Talking to a mate this morning and he told me about a guy he works with who got booked and gave the cop a bit of lip. He tore the fine up and told the cop he would see him in court because his gopro had recorded the cops actions regarding the "offence". I don't know the details, but apparently the cop wanted to take the camera and the rider wouldn't let him.
So does the cop have the legal right to take it or was he just bluffing to get him to hand it over?

[Redmohawk]

Not without just cause.

[fimpBIKES]

ive been told if its on your person its different than if its mounted to the bike too
so jam it into your pocket while they are getting out of the car
http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/police-powers/
If I’m not under arrest can I be searched?Police can also search you (and your car, boat or other vehicle and possessions) if they have reasonable grounds to suspect that you are carrying:

stolen goods or goods unlawfully obtained, for example from the sale of drugs
prohibited drugs
an item that has been, or may be, used in a serious crime, for example, tools to break into a car or house
knives, weapons or ‘dangerous implements’
a laser pointer
Police can also search you and your car if they have reasonable grounds to suspect that:

it may have been used in connection with a serious offence
it contains stolen goods or unlawfully obtained goods
it contains prohibited drugs
it contains items used for the commission of an offence
there are circumstances in a public place or school likely to give rise to a serious risk to public safety
they suspect that someone in the car is wanted for arrest.
so they probably could justify confiscating it if they wanted to (especially my contour roam2 with its super-dangerous built in laser :eek:)

most camera's have a "delete all" button, i would get familiar with using that without looking at the camera or rip out the sd card and chuck it as soon as your pulled over ;)

also, as far as i know its completely within your rights to film the police, but it will probably get them off-side right from the get-go so you would want to be pretty sure you were in the right (and that there was nothing on the camera that could get you or others into trouble)

[Tim]

Victorian law says:
Police Regulation Act
1958 - SECT 100

Entry, search and seizure
100.
Entry, search and seizure (1) A member of the force may enter any place
(including any vehicle on or in that place) or a particular vehicle located in a
public place, and may search for and seize anything that the member believes on
reasonable grounds may be evidence of the commission of a relevant offence that
is found at that place or on or in that vehicle if the entry, search and seizure
are made- (a) with the consent of the occupier of the place; or (b) in
accordance with a warrant issued under section 100A; or (c) as provided by
section 100D.

okay to film them but your better off letting them know they are being filmed and no you wont be handing it over.

[Redmohawk]

Victorian law says:
Police Regulation Act
1958 - SECT 100

Entry, search and seizure
100.
Entry, search and seizure (1) A member of the force may enter any place
(including any vehicle on or in that place) or a particular vehicle located in a
public place, and may search for and seize anything that the member believes on
reasonable grounds may be evidence of the commission of a relevant offence that
is found at that place or on or in that vehicle if the entry, search and seizure
are made- (a) with the consent of the occupier of the place; or (b) in
accordance with a warrant issued under section 100A; or (c) as provided by
section 100D.

okay to film them but your better off letting them know they are being filmed and no you wont be handing it over.

SO if you inform them your filming them , they still cant take it or even touch it without your consent , and if they do without just cause they're in the shit. Unless they have a warrent (even if its on the bike and your not, it would amount to theft ! ) And the recording would be admissable in court as you have stated they are on camera. So if they give a bullshit excuse for why they want to confiscate said camera they are still in the shit.

I'd edit everything before and after the event before turning up to court though even if you didnt think you did anything wrong.

[Nudie]

Interesting. A lot of people use onboard cameras these days (including the filth).
It's nice to know you can tell 'em to get farked, don't touch!

[Redmohawk]

Look at Russia , every fucker with enough cash for a car is wanting or has a cam. To keep the other fuckers honast including the cops. Not far off that here now.

[StuNVA]

A young P plater in town used his cam to video a dodgy move by a local cop, put it on youtube. The kid got let off at court and the cop got a toasting and some RR time to calm the fuck down. I say tape the bastards and use it to the best of your ability if they like it or not.

[Deano]

Taping cops is not illegal and they can't confiscate the film because you taped them.

That's what they said on jjj the other day about the cops being heavy handed at the Mardigra

[fimpBIKES]

speaking of good editting... u see why the cops were being heavyhanded?