When Can Police Take Your Dash Cam?

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In Michigan, police can take your dashcam footage in specific situations, primarily when they believe it could serve as evidence in a criminal investigation.

Michigan law permits officers to seize personal property, like dashcam footage, if they have probable cause, a warrant, or if exceptions to the warrant requirement apply.

Here’s a breakdown of how and when police can take and use dashcam footage.

Legal Basis for Seizing Dashcam Footage

Under the Fourth Amendment to the U.S. Constitution and Article I, Section 11 of the Michigan Constitution, searches and seizures are generally considered unreasonable without a warrant.

However, there are several exceptions that allow police to seize dashcam footage without first obtaining a warrant:

• Probable Cause with a Warrant: Police typically need a warrant based on probable cause to seize dashcam footage. The officer must convince a judge that the footage likely contains evidence of a crime. Under MCL 780.651, Michigan law provides procedures for issuing search warrants for personal property believed to contain evidence of criminal activity.

• Consent: If you voluntarily hand over your dashcam or footage, the police do not need a warrant. Consent is a common way police legally acquire dashcam recordings.

• Exigent Circumstances: Police can seize dashcam footage without a warrant if there’s an immediate threat of evidence destruction or if a delay might harm others or impede justice. Exigent circumstances might apply in cases like drunk driving or hit-and-run incidents where the footage could be overwritten or lost.

• Search Incident to Arrest: If you’re lawfully arrested, officers may be able to seize property within your immediate reach, including dashcam footage, to prevent evidence tampering. The U.S. Supreme Court’s decision in Arizona v. Gant (2009) established guidelines for searches incident to arrest, emphasizing a connection between the arrest and the evidence sought.

Using Dashcam Footage as Evidence

Once seized lawfully, dashcam footage can be used as evidence against you in court. Courts allow video footage as a form of evidence if it is authentic and relevant to the case. For instance, in People v. Wood (Mich. App. 2018), dashcam footage from a police vehicle was successfully used to support DUI charges, setting a precedent for its evidentiary value.

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