Author Topic: Body Cam  (Read 272 times)

Alan

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Body Cam
« on: October 12, 2020, 08:31:17 AM »
If there is but one everyday item in the news, it’s footage from a police body cam. Depending on your point of view (no pun intended), it can both protect against prosecution, or insure that it happens. But, are police the only citizens who should be wearing a body cam? My answer is… No! Allow me to explain.

Several weeks ago, my hunting partner and I were accosted by a local ranch owner accusing us of shooting Turkey Vultures on his property. The verbiage spouted included reference to putting the culprit(s) in a body bag! While he was in our faces, I wondered if he was going to reach through the window and physically assault me. Thankfully he didn’t, as I might not be here explain my position! Turns out, he’s a local hot head who drinks too much, and has a habit of accosting people while in a state of inebriation.

This encounter, which luckily ended without undue violence, prompted me to invest in a body cam. I settled on the Rexing P1, which retails for $130 (https://store.rexingusa.com/product/rexing-p1/). You can read the web page about the features it offers. One of the best parts, in my opinion, is the attaching clips are very robust, and not easily dislodged. After wearing it for several weeks during my trips to the ranch, it has proved entertaining, if nothing else.

I don’t suggest everyone go right out and buy a body cam, but if you’re on permissioned property, they just might save you a lot of embarrassment, if not something worse.


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Alan

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Loren

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Re: Body Cam
« Reply #1 on: October 12, 2020, 03:45:36 PM »
Certainly would make for an unbaised "witness", which in todays world could save your tail. 
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steveoh

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Re: Body Cam
« Reply #2 on: October 12, 2020, 06:54:23 PM »
Glad you didn’t get assaulted by that asshat Alan.

Motorcyclists often wear GoPros or other cameras while commuting or just going for a ride. Most wear them just in case.

Having been a motorcycle commuter for many years I have been threatened, grabbed, had things thrown at me, purposely cut off, doored, yelled at, and run off the road.

A friend who had just gone through the toll lanes on the Bay Bridge, had a guy drive across four or more lanes of traffic to hit him, totaling the bike and breaking his collarbone. The driver fled the scene. So yeah a body cam or GoPro makes good sense.

Shooting airguns might Indeed qualify for a time to wear a body cam.
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Steelhead

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Re: Body Cam
« Reply #3 on: October 13, 2020, 05:32:37 AM »
Might have helped me out a few weeks ago. Wishing I had one. I knocked on the door of a general contractor who owes my 13K for a house that I tiled back in March. He keeps lying: checks in the mail, waiting on payment. customer is holding it up, COVID, etc.  Anyway, to shorten a story this dick got pissed that I had the gall to show up at his house and ask him what's up (homeowner had paid him in full, so their part was done)  He didn't like being called a liar and a scammer so he yanked me out of my truck, choked me out, and laid a beat down on me. I didn't fight back as I was afraid of losing my business and personal freedom.

Long story short I'm out 13K, got my ass kicked, and my trucks doors are caved him from where he threw me against them. Cops said it's going to be 'he said, she said' so I'm basically just supposed to accept it and crawl away.

Wish I had on a body cam to document what is essentially a slam-dunk assault case. At least I would have the satisfaction that this cranked out meathead wouldn't do it to anyone else without thinking twice.
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Loren

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Re: Body Cam
« Reply #4 on: October 13, 2020, 07:36:50 AM »
Yes an unbiased "witness".

File a mechanics lean on the property.  At some point you will be paid with having a lean on the property.
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olddog

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Re: Body Cam
« Reply #5 on: October 13, 2020, 09:51:55 AM »
Yes an unbiased "witness".

File a mechanics lean on the property.  At some point you will be paid with having a lean on the property.

This ^^^^^ is the best way to handle that.

If he had come to your property or you had both been on neutral property things would be different.  NEVER, NEVER confront anyone on their own property.  NEVER, NEVER follow someone to confront them.  I made that mistake exactly one time.
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Bullfrog

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Re: Body Cam
« Reply #6 on: October 14, 2020, 11:30:26 AM »
In Florida is legal to film video but not audio without consent. There us of course an exception for law enforcement and exceptions for public conversions.

So in the case if the rancher cussing you out, that wouldn’t likely be a public conversation so you couldn’t audio record it without his consent. If the same guy was cussing you out on a crowded street, then you could record him.

Alan

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Re: Body Cam
« Reply #7 on: October 14, 2020, 01:13:03 PM »
Travis, I would think that Fed law would take precedence in the case you present? Under the FCC rules, which govern recordings, allow both audio and video, as long as the person doing the recording is "in" the conversation—no a third party in other words. As a lawyer, what is your take?

State law would apply first. The States have the right to define their own criminal laws and as long as those criminal laws don’t violate the Federal Constitution, State criminal laws come first. In Florida, its a crime to audio record a private conversation without consent.

Its not usual for us state prosecutors to have to drop cases where victims illegally record the perp in their own sting operation where out options are either drop the case or prosecute the victim for a felony. For example, neighbor steels gas can from a garage. Victim records neighbor admitting to the burglary/theft in a secretly recorded conversation. We’re now in a position to have to prosecute the victim for recording the confession. Therefore as a matter of fairness we may simply drop the burglary case so we won’t be obligated to prosecute the victim for an illegal recording.
« Last Edit: October 14, 2020, 03:13:25 PM by Bullfrog »
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Alan

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Bullfrog

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Re: Body Cam
« Reply #8 on: October 14, 2020, 03:15:24 PM »
Sorry Allen I screwed that reply up. Looks like I accidentally modified your post.

steveoh

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Re: Body Cam
« Reply #9 on: October 14, 2020, 03:27:43 PM »
Sorry Allen I screwed that reply up. Looks like I accidentally modified your post.


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triggertreat

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Re: Body Cam
« Reply #10 on: October 14, 2020, 09:43:16 PM »
That doesn't sound like a bad plan.  I have a dashcam that may be helpful some day, but hope I don't need it to begin with.

I have been in similar situations with people.  You did like I do and looked down the road before reacting and asked yourself if it is worth losing a job over.  Very smart!  There are some really lost souls out there that are really hard to deal with having not one ounce of self control to their name when upset whether right or wrong.

I serviced or installed security and video systems in financial and government buildings for years, plus some commercial sites like the Kroger stores, Starbucks, Exxon mobile stores and the FedEx hub in my town.  The financial and government institutions didn't allow audio recordings because they say the defense could use that in their case to have the video evidence thrown out.  The Exxon Mobile's however did want audio recordings on their videos along with each transaction superimposed on the video, so everything that is said in those stores gets recorded along with you and your transaction broken down per item.  I guess they are willing to gamble in court with that.
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