SW to Seize and Search a Car's Black Box
From OCDLA Library of Defense
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This wikilog article is a draft, it was not published yet.
by: Ryan Scott • March 30, 2017 • no comments
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: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. | :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. | ||
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| + | Here is [https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/03/30/the-fourth-amendment-and-access-to-automobile-black-boxes/?utm_term=.9535a13492a9 Orin Kerr's take] on the issue. | ||
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{{wl-publish: 2017-03-30 08:44:34 -0700 | Ryan@ryanscottlaw.com:Ryan Scott }} | {{wl-publish: 2017-03-30 08:44:34 -0700 | Ryan@ryanscottlaw.com:Ryan Scott }} | ||
Latest revision as of 08:46, March 31, 2017
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.
