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Re: Vehicle computers as evidence

Posted: Mon Dec 21, 2009 8:58 pm
by marksiwel
WildBill wrote:
seamusTX wrote:Modern motor vehicles have onboard computers that control functions of the drivetrain and body (air bags, seat belts, etc.). This has been the case for over 20 years. I worked in that field in the 1980s.

These computers have become increasingly complex. Some of them now record data like the well-known "black boxes" in airplanes (they aren't black -- they're usually orange).

Police officers can now read out this information after a crash. In some cases, they can tell the speed of the vehicle before the collision and whether the driver was stepping on the accelerator or brake.

Apparently no warrant is required to download this data after a crash, and use of it as evidence has held up in court.

The last part was news to me. - Jim
So you can't be compelled to testify against yourself, but your car can. :lol:
I would like to read some case law on this to find the reasoning of the judges. I guess it may be no different than any other physical evidence obtained from the examination of a crashed car.
I'd ask them for a warrant first.

If your house gets broken into, they dont get to search your PC. Heck if you had say some Security Monitors (cameras) they dont even get to watch the event without your permission or with a warrant

Re: Vehicle computers as evidence

Posted: Tue Dec 22, 2009 10:09 am
by chabouk
Abraham wrote:...on the other hand the same computer could possibly exonerate.
I've heard of people presenting GPS data to prove that they weren't speeding, or that they weren't at the cited time/place.

Reports are mixed. In places where the police and magistrate are one big cuddly money vacuum, the judge won't care to hear any evidence to the contrary. Not all places are like that.

Re: Vehicle computers as evidence

Posted: Tue Dec 22, 2009 11:35 am
by MechAg94
How long do those computers store that information? If it just stores the last few seconds or minute of drive time, I doubt the courts would disagree with the officer getting the data on the scene. Not getting it would mean the evidence would be lost. I think some limits on its use would be appropriate.