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      06-07-2017, 11:21 PM   #1
BMW11
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Are Dashcams Legal?

I just figured I would throw this out there... to see what members have to say about the legalities of dash cams in their cars. Evidently there is not a straight forward answer all depends on location (country/state/locality) and location size on obstruction of windshield and even eavesdropping, audio recording more critical then the actual video, and evasion of privacy issues.

see these two articles with video in the car and driver with attorney speaking...
very interesting. what does everyone think? are dash cams legal or not? lol


http://www.roadandtrack.com/car-cult...m-in-your-car/

https://www.lifewire.com/are-dash-cams-legal-534879
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      06-08-2017, 04:01 AM   #2
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Have one in the car regardless. The legality of it only applies when it acts as a snooping device.
As long as you don't bring it to the attention of your dealership when you catch them taking a dump on your bonnet, the benefits of a dashcam still outweigh not having one when it comes to showing fault in the case of an accident, or hit and run.

The point of a dashcam is exactly that, to show insurers clear evidence of where the liability lies. It's why 99% of us installed one, so that the redneck who clipped your bumper doesn't get away with it.
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      06-08-2017, 07:37 AM   #3
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Quote:
Originally Posted by BMW11 View Post
see these two articles with video in the car and driver with attorney speaking...
What's not accounted for in those articles is that the cam is inside your car. Where the recording of audio or video is concerned the courts have held that a man's home, and by extension his car, is his castle, and that guests, invited or otherwise, in his home (or car) do not have the right to privacy that applies in other settings.
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      06-08-2017, 10:17 AM   #4
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In most states, it's well established that 1st Amendment provisions allow you to take pictures and recordings in *PUBLIC* places. (Certainly in WA state.) However, once you roll onto private property (most parking lots are private for instance), you no longer have that pre-emptive right. Exceptions abound - you can take pictures *from* any public space (sidewalks) of private property, and public interest (filming a wreck or altercation) may override private rights.

There are many videos of drivers interacting with police (note the videos of people objecting to TSA/Customs Checkpoints on highways). Telling the officer you are recording is all that is necessary AFAIK. (Probably because a traffic or other stop is automatically a public record.)
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      06-08-2017, 11:04 AM   #5
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Quote:
Originally Posted by floydarogers View Post
However, once you roll onto private property (most parking lots are private for instance), you no longer have that pre-emptive right.
It's a fine line. In theory a cam in a car recording video and sound of what's going on in a private business, say a garage, could be crossing the line, though it wouldn't be if it only recorded what happened inside your property, or to your property, that being the car.
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      06-08-2017, 04:37 PM   #6
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The Supreme Court has been very clear on this. Anything that happens in public is free domain.
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      06-08-2017, 04:59 PM   #7
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Quote:
Originally Posted by BMW11 View Post
what does everyone think? are dash cams legal or not? lol
Well, they certainly aren't illegal.

I mean I don't have one, mostly due to hassle of installing it and wanting to have "clean" look of my dash/windshield.

I can't see them becoming illegal though, it'd be very difficult to do. What would be next, smart phones? I think lawmakers will likely focus on what's allowed in terms of usage and distribution of the material recorded, more than devices themselves.
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      06-08-2017, 06:32 PM   #8
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Quote:
Originally Posted by Billfitz View Post
What's not accounted for in those articles is that the cam is inside your car. Where the recording of audio or video is concerned the courts have held that a man's home, and by extension his car, is his castle, and that guests, invited or otherwise, in his home (or car) do not have the right to privacy that applies in other settings.
You are also recording out in public. There's no expectation of privacy out on a public road.

If law enforcement can use dash cams without any claim that the footage is illegally introduced as evidence, I think it shows that privacy laws do not apply to recordings in public spaces, with an unconcealed device.
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      06-08-2017, 08:55 PM   #9
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The day you get into a he say she say, you will regret not having one. Reason why I have 1 of each out cars, tucked the wire so you don't see it. I wouldn't have a car without it.
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      06-08-2017, 10:58 PM   #10
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Quote:
Originally Posted by Bbb34 View Post

I mean I don't have one, mostly due to hassle of installing it and wanting to have "clean" look of my dash/windshield.
In these cars it's pretty easy to have a clean install and utilize the power source under the glovebox. People see mine and say how concealed it looks except for the actual camera on the windshield behind the rear view mirror. And I have a rear cam right above my rear view mirror.
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      06-09-2017, 08:05 AM   #11
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In light of dash cams.... I'm in the market for one. Can anybody post a link to one that is recommended and affordable?
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      06-09-2017, 08:32 AM   #12
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I have one, with the wires concealed and connected to the 12V under the glovebox. Beleive it or not, i have only needed it to look back at footage once. And that was when i left my car unlocked overnight and someone sifted through my car for loose change. Since the 12V powers up upon "waking the car up" (opening the door) the camera started recording as soon as thief jumped in. Unfortunatley for me, it was the middle of the night and pitch black, and the thief didnt walk in front of the car when he was done.

Was wierd to hear him breathing and sifting through the car. He stole nothing, i dont keep valuables in my car.
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      06-09-2017, 08:45 AM   #13
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Quote:
Originally Posted by jgoens View Post
In these cars it's pretty easy to have a clean install and utilize the power source under the glovebox. People see mine and say how concealed it looks except for the actual camera on the windshield behind the rear view mirror. And I have a rear cam right above my rear view mirror.
Thanks, I'll look for detailed instructions, just seemed like it'd be a hassle and anything else but completely clean look would annoy me daily. Besides I'm tired of driving around with GoPro in one hand all the time, footage is compromised every time I have to shift.
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      10-17-2017, 08:56 AM   #14
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Nice article
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      10-17-2017, 10:07 AM   #15
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Some states, like Maryland where I live, require permission from a party before recording audio (say, a passenger in your car) where there is an expectation of privacy. I disabled audio on my dashcam to avoid that issue.
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      10-17-2017, 10:12 AM   #16
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It's impossible to conceal the wires in an F-type. BMW was much easier
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      10-17-2017, 11:00 AM   #17
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Quote:
Originally Posted by wwmiller3 View Post
Some states, like Maryland where I live, require permission from a party before recording audio (say, a passenger in your car) where there is an expectation of privacy. I disabled audio on my dashcam to avoid that issue.
If you have a visible recording device, do you still need express permission?
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      10-17-2017, 11:01 AM   #18
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completely legal - it's public view.
HOWEVER, some states have bullshit laws restricting things from being placed on your windshield. NY has some bullshit like that, rarely enforced, but cops who are dicks with continue to be pricks.
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      10-17-2017, 11:15 AM   #19
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Quote:
Originally Posted by wwmiller3 View Post
Some states, like Maryland where I live, require permission from a party before recording audio (say, a passenger in your car) where there is an expectation of privacy. I disabled audio on my dashcam to avoid that issue.
Maryland requires consent for recording, but it also recognizes your car as your private space. If you have people in your car, a simple "I'm recording audio with a dashcam" will suffice.

If they don't want to be recorded, they can exit your private vehicle.
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      10-27-2017, 05:47 PM   #20
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Quote:
Originally Posted by jgoens View Post
In these cars it's pretty easy to have a clean install and utilize the power source under the glovebox. People see mine and say how concealed it looks except for the actual camera on the windshield behind the rear view mirror. And I have a rear cam right above my rear view mirror.
Any chance you can link to instructions? I want to get a dash cam but am concerned about tearing up the interior to get it wired. If I wanted to get it professionally installed, any idea where I'd need to go for that? I've tried searching and can't find a damn thing.
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      10-27-2017, 05:51 PM   #21
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Quote:
Originally Posted by Golo2016 View Post
The day you get into a he say she say, you will regret not having one. Reason why I have 1 of each out cars, tucked the wire so you don't see it. I wouldn't have a car without it.
I usually upload videos of people who drive recklessly on YouTube. I make sure their license plate is in the video title.
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      10-27-2017, 09:44 PM   #22
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Quote:
Originally Posted by dkirsch78 View Post
Any chance you can link to instructions? I want to get a dash cam but am concerned about tearing up the interior to get it wired. If I wanted to get it professionally installed, any idea where I'd need to go for that? I've tried searching and can't find a damn thing.
It's actually pretty simple and more requires patience. I used the cigarette lighter under the dash for power and run the wire under the passenger side panel around to the passenger door side. It's all about tucking.

Once you get to the door you run the wire up under the seal to the headliner and tuck under front headliner and feed it over to the rear view mirror. I did not take anything apart or loosen anything. I did use a screwdriver at times to gently nudge the wires in to places but it is far from technical.

You don't have to tear anything or break anything only tuck wires.
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