The police are capable of far more than asking questions and making arrests. Their power to investigate crimes is staggering, and they may search for and seize private information in many circumstances. If you were involved in a car accident that is under investigation, the police could potentially access your dash cam footage whether you want them to or not.
When the police want to access information or property that they believe is evidence of a crime, they may do so by obtaining a search warrant. However, dash cam videos are usually digital and may easily be deleted before the police can get a warrant. As such, the police might seize the footage without a warrant, as exigent circumstances constitute an exception to the warrant rule. Dash cam videos are increasingly common and often helpful in car accident cases. They might shed light on which driver is at fault and whether criminal charges are appropriate. As such, the police might want to get their hands on this kind of evidence quickly.
If you are under investigation for a car accident, call our Salt Lake City criminal defense attorneys at Overson & Bugden, PLLC at (801) 758-2287 and receive a free case review.
How the Police Might Access and Use Dash Cam Footage From Your Utah Car Accident
The police might have much power when it comes to investigating accidents, but their power has limits. They cannot simply demand that you hand it over or take it from you against your will. However, there are ways in which they can access your dash cam footage, and you should speak to an attorney if you are under investigation for a car accident.
First, the police might access your dash cam footage simply by asking for it. If you willingly consent to hand over the footage, the police may take it with very few legal hurdles. Remember, you are free to say no. However, many find it hard to say no to the police. In some cases, authorities rely on this intimidation and might pressure drivers to hand over evidence like dash cam footage.
The police might ask for consent to access your dash cam footage, but they do not have to. They can also get the footage by obtaining a search warrant from a judge. To obtain the warrant, the police must submit information to the judge showing they have probable cause that a crime has occurred and that your dash cam footage contains evidence of the crime. The probable cause in the warrant must be described with sufficient particularity. Vague statements about the footage are not enough.
Obtaining a warrant is not always easy and can be time-consuming. The authorities often worry that the evidence they want will have disappeared or been destroyed by the time they get a warrant. In such cases, the police might be able to seize the footage without a warrant if they can show that they had reasonable belief that the footage would otherwise be deleted or destroyed. This is just one of several exceptions to the warrant requirement.
How to Prevent the Police From Accessing Your Dash Cam Footage in Utah
If you do not wish for the police to have access to your dash cam footage, or you want to speak to an attorney before handing it over, there are some steps to take to protect your legal interests. Our Uth car accident lawyers can review the footage and other details of the case to determine if you are at fault or being criminally investigated in relation to the accident.
First, do not delete or destroy the footage. Destroying evidence may only land you in more trouble. Suppose the police believe you deleted the footage on purpose to avoid being held responsible for the accident. In that case, they might arrest you and try to have you charged with something like obstruction of justice or tampering with evidence.
Do not willingly hand over the footage until you have talked to a lawyer. The police are not above using intimidation tactics in the hopes that you give them the footage to avoid more trouble. If the police want your dash cam footage, they can prove why they need it when they apply for a search warrant.
If there is a warrant, you must allow the police to access the footage. However, review the warrant with your lawyer as soon as possible. Is the warrant valid? Is there any reason the warrant should be invalidated? Did the police take their search too far when they seized the dash cam video? Even if the police have a warrant, they cannot search places or seize evidence not mentioned specifically in the warrant. This is sometimes called the “Four Corners Rule,” as the authorities may only search for and seize evidence based on the specific information within the four corners of the search warrant.
If the footage was seized under an invalid warrant or otherwise in violation of your rights, your lawyer can file a motion to prevent the footage from being used against you in court.
How Your Dash Cam Footage Can Help You After a Utah Car Accident
If you are not at fault for the crash, dash cam footage might help you prove it. In such cases, it might be wise to simply hand the footage over to the authorities. Even so, you should speak to an attorney before doing anything. Have your lawyer watch the footage so they know what you are dealing with. It is possible that the footage does not prove you did anything wrong. It might even prove that someone else is responsible for the collision. Your attorney can help you give the dash cam footage to the authorities.
Dash cam footage may also help you defend yourself if the accident leads to criminal charges. For example, if someone dies in a car accident, the at-fault driver might be charged with manslaughter. Does your dash cam footage support the charges of manslaughter? If not, your lawyer can use the footage to help you fight the charges.
Contact Our Utah Car Accident Attorneys for Help Today
If you are under investigation for a car accident, call our Utah car accident attorneys at Overson & Bugden at (801) 758-2287 and receive a free case review.
