California Dash Cam laws...?

[Scalded Dog]

So, I got a dash cam... never gonna get caught with my pants down again (Got hit recently by a f**khead who has made up a wild story, and now his insurance is only covering 70% of the cost... entirely unacceptable to me. IF I had caught it on video, there would not be a question, it would be a slam dunk. Hindsight is 20/20, but from here on out, I'm covered by video!).

One of the features of this dash cam is that it will record audio, and has a lens that swivels. If I am pulled over by a law enforcement officer, I'd like to make sure that the entire transaction is recorded. I can swivel the lens to record transactions in any direction, including those that take place through my driver's side window.

My wife asked, however: What if a cop tells me to turn it off? Am I required to? What are the laws regarding that type of thing?

[neptunetrucking]

I would like to know the answer also

[MikeySmash]

I don't believe he can tell you to turn it off. If you are in public and are not in a place where people would expect privacy you can record. They are recording you so why can't you record them. I need one. What kind did you get?

[MrIanB]

If the officer has a dash cam, camera in glasses or body camera for his safety and documentation, I can not see the law not allowing you the same right. If anything, use the cell phone and case closed.
Ian B

[TommyTheCat]

As long as you're in your car you should be fine, I know some states can have you turn it off you are asked when OUTSIDE of the car, not sure about inside but I'd keep it on regardless and ask why he'd want me to turn it off, then ask for his badge number, full name and other info while the camera was still on.
You can also request to get copies of their dash cam and mic recordings, though I think they force you to pay for them

Also there are certain cases where cameras cannot be used, but only when they interfere with the officer's job. Like if he suspects you have a weapon and tells you to put your hands on your head or something, you definitely DON'T reach for your cell phone to record the officer.

[nighttowl]

no can tell you to turn it off. you are only required to provide notification of surveillance.
I personally would hardwire it to record on all motion in a manner that I cannot be turned off.

they actually have 360 degree systems that burn to a hard drive that install in the headliner.

[shibbs]

In MN, surveillance of your own property (your car) is 100% legal. Dash cams are legal, also, as they're recording public events.

An officer can tell you to turn it off, but that means nothing. You do not have to turn it off. In MN you're not even required to tell the officers you're recording them.

Hopefully California isn't much different.

[shibbs]

Just remember - COPS ARE ALLOWED TO LIE TO YOU. Some are TOLD to lie to you; to do whatever it takes to get you to admit fault.

[macwest]

Just remember in a criminal case you camera can be confiscated by law enforcement personal as evidence in the case.

[Mark T]

Yes the cam can be confiscated as evidence. But if they delete anything then it is tampering with evidence.

Yes they can and will tell you to turn it off and they will fall back on wiretapping laws as reasoning.

A quick study would browse the various youtube videos to give you an idea what to expect when pulled.

Just let them do their own investigation and dont willingly convict yourself by providing evidence.

4th amendment gives you the right to expect protection from illegal search and seizures.

https://www.law.cornell.edu/constitu...urth_amendment

But yes the supreme courts are diluting your rights everytime they decide a case it seems.

[Mark T]

Edit to add...

I use the phrase "I do not consent to any searches" when asked "do you mind if I search your car?".

Of course when confronted with that they usually come back with "calm down. No reason to get worked up". That is a tactic to get you in an uncomfortable position to make mistakes.

I reply to that with "its no problem sir. I am just expressing my 4th amendment right."


Not always though. My wife isnt so willing to let me do that lol.

But yes. Do some youtube browsing on the subject.

[TommyTheCat]

Originally Posted by shibbs

Just remember - COPS ARE ALLOWED TO LIE TO YOU. Some are TOLD to lie to you; to do whatever it takes to get you to admit fault.

I don't know about "allowed" to lie.

[Scalded Dog]

Thanks for all of the feedback, my friends!

MikeySmash, I got the Falcon Zero... $120 shipped. It has two lenses, in order to record in front and behind simultaneously, or in any two directions, really, as the lenses swivel. So far, I like this thing...

Regarding cops being allowed to lie to you, I'm pretty sure that is the case. For example, in undercover drug ops, a cop can-- and will--- assure all involved that he is NOT a cop. Only in movies is it "law" that a cop MUST tell you that he is a cop if asked...

A couple of years ago, my pretty blonde wife was involved in a collision that was very obviously the other driver's error. California Highway Patrol arrived, and my wife requested an accident report. The responding officer told her, "Sorry, there's a law in California: If I do a report, I am required to issue citations to all parties. Do you want a citation?" Well, my wife, having never been involved in a situation like this, declined... she did not want a citation. Of course, the cop was lying--- flat out--- just to get out of doing paperwork. Eventually, after many months of work, my wife was exonerated, the other driver was assigned 100% liability... but, it took a LOT of work to prove it, especially given that there was no police report. The cop lied... and who cares? What am I going to do... call the cops?

Another time, a friend of mine was driving a car registered to me. A drunk plowed into my vehicle. My friend was okay, but trapped inside the vehicle. She called 911, then called me. I arrived, and started taking pictures. The CHP officer at THAT scene told me that I was NOT allowed to take pictures. Lucky for me, I already got a few pics... and, this was damn lucky, because the officer wrote down WRONG info in his accident report... the only way I was able to find out who the other driver was was through a license plate picture I had taken. My insurance company was able to do the footwork, find the driver (who was in jail this time--- his fifth DUI, and his third in a year), and get the case settled. However... the cop told me that it was illegal to take photographs of my own car, involved in a serious accident (that completely totaled both vehicles).

So, I just need to know that I am standing on firm constitutional ground if/ when I refuse to comply with a cop's demand that I shut off my dash cam. I will stand like a bulldog if I know that I have the right to record...

I agree, too, with NightOwl's suggestion that I hardwire it, so that recording CAN'T be stopped... or so that it looks like it's nearly impossible.

[jag107]

It's a shame that we have to go to such lengths to protect ourselves from the public servants that we pay for with our tax dollars...Not allowed to photograph your OWN car after an accident, are you SERIOUS? That's one of the first things the insurance companies ask after "was anybody hurt?", "did you take any pictures?"