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Offline Villager

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Hoisted by own petard
« on: January 12, 2018, 09:03:51 PM »
A classic example of the Shakespearean idiom
http://www.bbc.com/news/av/uk-england-devon-42661283/speeding-motorcyclist-caught-by-own-helmet-camera

KTM riders for you :rolleyes:

Offline kwacka

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Re: Hoisted by own petard
« Reply #1 on: January 13, 2018, 08:37:24 AM »
I have a gopro permanently on (I commute all year), and am conscious that it records my driving as well as others, especially when I have spirited moments as we all do from time to time. I think the police have a right to examine any footage as evidence, perhaps the boys in blue could confirm that😉?

Offline grumps

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Re: Hoisted by own petard
« Reply #2 on: January 13, 2018, 09:41:47 AM »
Yes, I believe they have the right to examine any evidence of a crime, including mobile phones.

Got exactly what he deserved - to**er!
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Online moggi1964

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Re: Hoisted by own petard
« Reply #3 on: January 13, 2018, 03:30:55 PM »
*Originally Posted by grumps [+]
Yes, I believe they have the right to examine any evidence of a crime, including mobile phones.

Got exactly what he deserved - to**er!

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Offline Prodded Dog

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Re: Hoisted by own petard
« Reply #4 on: January 13, 2018, 08:22:17 PM »
There was an article in Ride magazine recently by their tame legal eagle.
Think he said if the camera is affixed to the vehicle or safety equipment (helmet) the Police have a right to view any footage.
If it is part of your personal apparel (Jacket strap etc) then they need to obtain a warrant to seize.
Best thing is don't be a nobber in the first place.
The conundrum is that a biker mate of mine videoed from her car a driver using a mobile in a supermarket car park. She followed him for some considerable distance all showing continuity of footage which was date stamped and he continuously used his mobile crossing a white line on a number of occasions. The police response?
It has to be them that witness the offence to successfully prosecute.

The Prodded Dog

Offline NiK

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Re: Hoisted by own petard
« Reply #5 on: January 15, 2018, 09:56:37 AM »
*Originally Posted by Prodded Dog [+]
The police response?
It has to be them that witness the offence to successfully prosecute.
I think things are about to change (slowly, as they ever do).
This denial of justice (automatic fining has been a reality here for years now) was the norm yesterday.
Today, I think that if there is a crash implying injuries (or worse), the police won't hesitate to use any found footage. In the absence of injuries, the police has better things to do than chasing actual bad behaviors (for instance, concealing speed cameras to accumulate the biggest possible amount of cash while claiming they're enforcing road safety (rant over;-)).
That said, here (don't know the UK justice) a footage can only be taken as a partial evidence, not a direct proof. It is really hard (if possible at all) to prove that a recording wasn't altered.

Tomorrow, it's probable that any spying device will get used everytime against everybody (but the wealthies of course; this will never change).
Is it good or bad? I don't know. Probably both...

Offline Dilbert

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Re: Hoisted by own petard
« Reply #6 on: January 18, 2018, 12:57:13 PM »
Pretty much the same in the UK NiK, Police footage and testimony is automatically accepted as admissible evidence, private footage, or testimony is Ok as supporting evidence, but may be ruled inadmissible if the court has any doubts about its validity.

Cheshire Police and others now have websites where you can download any video footage and they will decide whether it warrants further action, for example if ten people report the same driver and it's supported by dashcam footage, then they will look into it, or set up a sting operation to catch them red-handed  :028:

So I married a Mountie !
My wife rides a horse, often on minor roads around the area in small groups, some of them have been co-opted by Cheshire Police to be eyes and ears and to report any dangerous driving, or other dodgy doings  :016:


I'll never be old enough to know better !

Offline Will Morgan

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Re: Hoisted by own petard
« Reply #7 on: January 18, 2018, 02:03:22 PM »
*Originally Posted by Dilbert [+]
Pretty much the same in the UK NiK, Police footage and testimony is automatically accepted as admissible evidence, private footage, or testimony is Ok as supporting evidence, but may be ruled inadmissible if the court has any doubts about its validity.

I've heard there is a legal protocol that in UK video evidence is admissible only if it is on the device on which it was recorded......so it you transfer it from a camera, phone etc to save on a computer it is no longer acceptable (but I don't know if a removable memory card counts or not). Anyone know if that's true?

 


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