E90Post
 


The Tire Rack
 
BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Technical Forums > ConnectedDrive / I-Drive / Navigation Related Discussion > One reason to get the factory navigation system vs aftermarket



Reply
 
Thread Tools Search this Thread
      09-10-2007, 10:50 AM   #1
Zeroday
Colonel
United_States
46
Rep
2,350
Posts

Drives: Plymouth Volare
Join Date: Aug 2006
Location: your nerves

iTrader: (0)

One reason to get the factory navigation system vs aftermarket

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?
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.
Appreciate 0
      09-10-2007, 11:02 AM   #2
bigslickak
Private First Class
3
Rep
134
Posts

Drives: 335d sedan
Join Date: Aug 2007
Location: Southern California

iTrader: (1)

V.C. Section 9951 is in the California Vehicle Code and it only applies to manufacturer installed systems. Court Order still required.

http://www.dmv.ca.gov/pubs/vctop/d03_6/vc9951.htm
Appreciate 0
      09-10-2007, 11:09 AM   #3
mkoesel
Moderator
United_States
7506
Rep
19,370
Posts

Drives: No BMW for now
Join Date: Jun 2006
Location: Canton, MI

iTrader: (1)

Or a reason to not use nav at all. Seems like the black box could be used either way though.
Appreciate 0
      09-10-2007, 11:11 AM   #4
HyperM3
Too many Alex's, from now on, call me Beaufort
United_States
341
Rep
6,188
Posts

Drives: See Sig
Join Date: Feb 2007
Location: Lawrenceville, NJ

iTrader: (8)

Here on the East Coast, EZPass has been used to prove speeding and infidelity by cheating spouces.
__________________
13 HD FatBob
17 A4 Glacier/Black 1st Edition/Pre+/Sport/EurocodeTMD/Racechip
16 S6 (gone),14 S6 (gone),14 S6 (gone),13 S6 (gone),10 S4 (gone)
07 335i(gone)
Appreciate 0
      09-10-2007, 11:14 AM   #5
jmonier
Captain
11
Rep
812
Posts

Drives: 2007 335i E92, 2002 325i
Join Date: Aug 2006
Location: Torrance, CA

iTrader: (0)

Most, if not all, of the items listed, are NOT stored (or even sensed) in either onboard or aftermarket GPS Navigation devices. They MIGHT be stored by the vehicle systems that are present with or without a Navigation system. (The Onstar might be an exception, but I doubt it.)

Some GPS devices will store a log of track points of where you've been but that is done optionally and is not normal in automotive navigation systems. In any case, the track log would be of very limited value for Vehicle Code enforcement.
Appreciate 0
      09-10-2007, 11:14 AM   #6
karliejai
Da Kid
karliejai's Avatar
United_States
121
Rep
4,576
Posts

Drives: JetBlack e90 335i
Join Date: Mar 2007
Location: USA

iTrader: (4)

Quote:
Originally Posted by HyperM3 View Post
Here on the East Coast, EZPass has been used to prove speeding and infidelity by cheating spouces.
+1
__________________


MODS: OEM Front Splitter | ACS Roof Spoiler | OEM Trunk Spoiler | Matt Black Front Grill | Black Shadowline Window Trim | Painted Front Lower Rod | Blacklines | JDM Yellow Fogs | Custom Silver CF Headlights with LUX 4.0 | Eisenhaus Sports Exhaust
Appreciate 0
      09-10-2007, 11:15 AM   #7
Zeroday
Colonel
United_States
46
Rep
2,350
Posts

Drives: Plymouth Volare
Join Date: Aug 2006
Location: your nerves

iTrader: (0)

Quote:
Originally Posted by jmonier View Post
Most, if not all, of the items listed, are NOT stored (or even sensed) in either onboard or aftermarket GPS Navigation devices. They MIGHT be stored by the vehicle systems that are present with or without a Navigation system. (The Onstar might be an exception, but I doubt it.)

Some GPS devices will store a log of track points of where you've been but that is done optionally and is not normal in automotive navigation systems. In any case, the track log would be of very limited value for Vehicle Code enforcement.
So saying my average speed read 100mph for a 2 hour trip on my aftermarket nav and the cop grabs it and sees that..you don't see a problem there?
Appreciate 0
      09-10-2007, 11:18 AM   #8
Zeroday
Colonel
United_States
46
Rep
2,350
Posts

Drives: Plymouth Volare
Join Date: Aug 2006
Location: your nerves

iTrader: (0)

I guess if I get pulled over I can just shut it off...I assume..
Appreciate 0
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 06:32 PM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST