Quote:
Originally Posted by nawfoo
Hopefully this gets shut down by policy makers eventually. If TSLA gets more negative comments about this happening in their own backyard they will do something to fix it. I think the story is complete horse shit. Towing a TSLA to access the cameras sounds a bit extreme. And what are you going to do with the car once its on your lot? Its like having a locked iphone. Does the Oakland police department have a master key?
I don't think the police can charge you for reckless driving because they can't prove who was behind the wheel at the time and they shouldnt be snooping around your files when they are supposed to look for something specific.
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It’s not extreme at all. A magistrate approves the warrant. What that means is the affiant’s warrant presented enough articulation for the courts to agree with the legal standing. Once the vehicle information is downloaded, the vehicle is released to the registered owner (…
similarly, once the black box is downloaded from a car I’ve seized as evidence, it is released to the registered owner). Tesla can also be subpoenaed to unlock the car just like GM Onstar, etc.
Also, you are wrong. People have been charged and convicted of reckless driving even via their recorded Instagram videos. That’s the blessing and the curse of this generation; they love to record everything …..chasing that social media status. A person can absolutely be convicted of reckless driving based on data gathered from the vehicle recordings. Also keep in mind that law enforcement can further strengthen the case by sending a subpoena to the cellular phone company of the registered owner as another metric to prove they were inside the vehicle. With that said, that isn’t the case in a situation like what is mentioned in the original post. It is unlikely the warrant would include anything but a specific period of time that coincided with the timeframe of the crime. Law enforcement wouldn’t be given carte blanche to all of the data. Warrants are written with specificity.