SW to Seize and Search a Car's Black Box
From OCDLA Library of Defense
This wikilog article is a draft, it was not published yet.
by: Ryan Scott • March 30, 2017 • no comments
I've been waiting to have a case -- almost certainly a vehicular manslaughter or similar -- in which to raise this issue. Hasn't happened yet. But here's an appellate opinion where it was raised. Key quote:
- The state challenges an order granting appellee Charles Worsham’s motion to suppress. Without a warrant, the police downloaded data from the “event data recorder” or “black box” located in Worsham’s impounded vehicle. We affirm, concluding there is a reasonable expectation of privacy in the information retained by an event data recorder and downloading that information without a warrant from an impounded car in the absence of exigent circumstances violated the Fourth Amendment.
Here is Orin Kerr's take on the issue.