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by 6stringmerc 3913 days ago
Honest question: Has anybody used telemetry from a personal wearable device in the context of using it as proof of testimony, or something akin to that?
3 comments

Yes. There have been several cases where GPS data has been used to refute, or attempt to refute speeding tickets, like: http://www.cnet.com/news/man-uses-gps-on-droid-to-refute-spe...
I've seen a cyclist's helmet cam video that was used by someone to catch a careless car driver

- the car did not yield in a crossing though it had a "yield" triangle

- the cyclist had to break hard and went over the bar; the car drove away

- cyclist made a crime report at police and gave video as evidence

- car driver was fined for negligence

negligence, wow, hit and run is a crime
"Went over the bar" doesn't mean a collision. It just means the cyclist went over his handlebar.
Right. There was no collision, the cyclist fell because he had to break hard to avoid it, but the car driver did not even notice what happened. The license plate number was visible in the video.
On a related note, could this backfire if, e.g., you're compelled to give someone your video so they can make a case against you? In a criminal case an American could probably exercise the 5th amendment, but what about a civil case, or insurance claim?
The 5th Amendment wouldn't apply. The 5th Amendment protects against self-incrimination, not incriminating evidence (like a video recording from you dash cam) except in very specific circumstances that aren't applicable here.
I was wondering about that in a civil suit situation - so the court can compel the evidence be submitted?
5th amendment for the most part covers only your testimony and pretty much what's in your head.

Any physical evidence can be accessed through a search warrant, and in some cases if it's on your person (e.g. cell phones) without it.

Not sure what's the case of a car, but as far as i know if the car is impounded everything in it is admissible evidence.

If the car wasn't impounded then the court can order you to produce the recorded footage as evidence, if you refuse then you can be charged with contempt of court, and technically put in jail indefinitely until you comply.

Thank you for the clarifying reply, I do appreciate getting a better perspective.