A coworker just forwarded me this and I thought it was post worthy. I have no way to verify this is true but the person that sent it to me has quite a few friends and family members in law enforcement. Seeing as I just bought an aftermarket Nav (Nuvi) I'm somewhat concerned about its ability to implicate me for speeding etc since there is no court order needed to access the data contained within it. The same cannot be said for factory installed Nav systems. A court order is still required to access data contained on them.
Co worker's comments:
Quote:
A thought-provoking "reminder" to LEOs... I have removed the names to "protect the innocent", but the email below is from a "Deputy Attorney General" to an LE mailing list for 'Forensic Investigations".....
Funny, I wonder if --- as [Car] Dealership-salespeople are explaining your new and cool "On Star" system with you --- Do you think they happen to mention 'the little disclaimer' that, "...oh by the way, other folks (LEOs, Insurance Companies, etc.) may also get access to your On Star records; Should they need to track you down, see how fast you drive and places you like to travel the most..."
BUT, OF COURSE only if they have the statute-required 'Court Order', .... ; - \
and besides, we have nothing to worry about <Yaaawwnnn>... "We're Law Abiding Citizens", right?
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Forwarded email:
Quote:
----- Forwarded by REMOVED on 09/10/2007 09:39 AM -----
To<Undislosed Recipients>
cc
Subject: Court order needed for search of vehicle GPS devices installed by manufacturer
With forensic software manufactures releasing a variety of tools to
tackle GPS devices, it is a good time to remind law enforcement that
Vehicle Code section 9951 requires a "court order" prior to an
officer accessing data stored in a "event data recorders (EDR)" or
"sensing and diagnostic modules (SDM)."
The statute covers any device that that is installed by the
manufacturer of the vehicle and does one or more of the following, for
the purpose of retrieving data after an accident:
(1) Records how fast and in which direction the motor vehicle is
traveling.
(2) Records a history of where the motor vehicle travels.
(3) Records steering performance.
(4) Records brake performance, including, but not limited to,
whether brakes were applied before an accident.
(5) Records the driver's seatbelt status.
(6) Has the ability to transmit information concerning an accident
in which the motor vehicle has been involved to a central communications
system when an accident occurs.
Although the legislature appeared to be only concerned about law
enforcement accessing the data for accident reconstruction purposes,
because of the way the statute is written, the requirement for a court
order would be required for any law enforcement inquiry (i.e. homicide
investigation requiring examination of GPS way points.)
Bottom line, although you may have the authority to search a vehicle
without a court order due to some exception of the warrant requirement,
Vehicle Code section 9951 still mandates a court order if you are going
to search a manufacturer installed EDR or SDM. I would also include a
manufacturer installed GPS device to the court order requirement since
the GPS device will "[r]ecords a history of where the motor vehicle
travels."
Aftermarket installations of GPS devices are still fair game. Assuming
you have an exception to the warrant requirement, no court order is
needed.
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