top | item 41439279

(no title)

frogblast | 1 year ago

Without first hand knowledge, I'll take a guess: if the owner of the vehicle isn't available or cooperating, then getting access to the USB drive requires opening up the vehicle without a key, which could require some time or specialized tools, or cooperation from the manufacturer.

But in general, this isn't really much new. If you have home cameras, and police can obtain a search warrant, then you can be compelled to provide the video, or they can seize any device (such as entire computer, your server closet, etc) that could reasonably contain the video.

discuss

order

bastawhiz|1 year ago

> police can obtain a search warrant, then you can be compelled to provide the video, or they can seize any device (such as entire computer, your server closet, etc) that could reasonably contain the video.

Yes but the police can't start occupying my house or deny me access to it because I wasn't home to let them in.

frogblast|1 year ago

> Yes but the police can't start occupying my house or deny me access to it because I wasn't home to let them in

With a search warrant, they can. You can be kept out of your home until they complete the search and seizing of the items named in the warrant. Depending on what is being searched for (excavating your basement looking for bodies?) that could take quite some time.

So the Tesla situation getting press isn't because the precedent is new, it's because most Americans (many in this thread included) don't understand what the law has already been since long before Teslas ever existed, and are surprised at what they find.

uoaei|1 year ago

> opening up the vehicle without a key, which could require some time or specialized tools, or cooperation from the manufacturer

That would require a search warrant, something the comment you're replying to already mentioned. Search warrants typically specify the means of access.

JohnFen|1 year ago

> or cooperation from the manufacturer.

I would have thought this was the path of least resistance (as well as doing less harm to the car owner) since they're getting a search warrant anyway.

frogblast|1 year ago

The path of least resistance is skipping the search warrant and asking the owner politely, which the article indicates is what is happening.

But if that doesn't work, then preserving evidence is considered to be very important. For example, it would be a problem if the car owner deleted the video.