Cops Are Starting To Tow Away Teslas To ‘Secure’ Recordings Captured By The Cars’ Cameras

from the what-a-time-to-be-alive dept

Well, here’s a not-so-fun new twist in the search-and-seizure narrative. Car owners are being deprived of their vehicles just because cops think footage of a crime may have been captured by the car’s on-board cameras.

Tesla’s vehicles carry more cameras than most. Added to the cars as a way to protect owners — either by documenting their theft as it occurs or providing recordings of accidents — they’ve become just another way for investigators to collect evidence in criminal cases. The car doesn’t actually have to be involved in the criminal act. It just has to be within eyeshot (so to speak) of the criminal act.

But being in the wrong place at the wrong time might mean drivers going without cars because cops have decided the best way to secure this potential evidence is to take cars away from their drivers. Here’s Rachel Swan, reporting for the San Francisco Chronicle. (h/t Bluesky user Hypervisible)

A Canadian tourist was visiting Oakland recently when he had to talk someone out of taking his Tesla from a hotel parking lot.

This was no thief. It was the Oakland Police Department. Turns out, the Tesla may have witnessed a homicide.

In Oakland and beyond, police called to crime scenes are increasingly looking for more than shell casings and fingerprints. They’re scanning for Teslas parked nearby, hoping their unique outward-facing cameras captured key evidence. And, the Chronicle has found, they’re even resorting to obtaining warrants to tow the cars to ensure they don’t lose the video.

That’s not… ideal. And it’s something that has happened at least three times in the last two months in Oakland, California alone. The chances of a Tesla being near the scene of the crime is obviously lower than other vehicles, but at this point in time, it’s pretty much only Teslas carrying this many cameras on-board.

That’s going to change in the future, though. Consumer surveillance tech is a growth market. Other manufacturers are going to start doing the same thing, which will lead to similarly explosive growth in the “towing cars because they were near a crime” market.

At least warrants appear to be involved at this point, which means there’s a paper trail documenting law enforcement’s seizure of the inanimate “witness.” Unfortunately, that’s not going to mean much to car owners who may walk out of their houses, businesses, or places of worship to discover their vehicle missing.

Even though this is handled about as well as it can be at this point in time, this kind of thing is only going to become more common. And, inevitably, some cops are going to decide they don’t have time to get a warrant, much less make a good faith effort to secure the recordings from the vehicle’s owner before initiating a seizure.

It’s not that I don’t think investigators should have this option. It’s that I think it will become the default option, rather than the last resort the quoted law enforcement officials claim it is at this moment, especially as more automakers add this tech to their vehicles. This will escalate much in the way geofence warrant usage has over the past half-decade, allowing investigators to farm out their investigative duties to third party service providers. Once it’s common enough and easy enough, the path of least resistance will become the road most traveled. And that’s going to cause serious problems for innocent people who’ve had the misfortune of having their car “witness” a crime.

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Companies: tesla

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Comments on “Cops Are Starting To Tow Away Teslas To ‘Secure’ Recordings Captured By The Cars’ Cameras”

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39 Comments
Anonymous Coward says:

Re:

Then you get revenge on.them.by hacking into that department’s computer and screw it up where they have to pay a big repair bill to get their network running again

Electronic revenge is far preferable to violence or murder. Doing them financial harm can send a clear message.

If they are going to do financial harm to by forcing you to buy a new car you get revenge on them by hacking into and putting their computer network out of commission and costing a sizeable chunk of their budget going to get their computer network back on line.

That wouid teach them a lesson they wouid not soon forget

Financial harm speaks volumes

Anonymous Coward says:

Re: Re: Re:

Electronic revenge has a statute of limitations while murder does not

Also easier to destroy evufence

Just one a number of secure disk wiping apps to wipe the dik where no evidence can be recovered

I dont mention any specific app as at least one has its name sullied by malware of the same name

There are lots that will do the job

When I had my online radio station it was company policy to wipe all station owned devices and reinstall before yrbalking internationally

This was especially for travel in and out of the five eyes countries

We broke no laws in any of those countries wiping and reinstalling station owned devices before travel

I wipe my devices and reinstall before going to Canada’s Wonderland in case either Canadian or American customs want to search my devices

I am not breaking any laws in either Canada or the United States doing that.

As long as I am not in Texas I break no laws doing that

That is why some jammers are illegal in Texas under the “instrument of crime” statute depending on how you use them

That is why I could see abortion clinics in California deploying jammers to jam gps and/or cellular Internet to foil location data from either phones or snkle bracelets being charged in Texas under that law

They are breaking no laws in California doing that but could possibly be prosecuted in Texas if the ban women from going out of state for abortions

Jamming the remote control for remote controls on spike strips is a crime in texas but not in any other state

The remote controlled spike strips are safer for officers but can be jammed

Currentkt Texas is the only state where jamming those frequencies is a criminal offense

In the other 49 states jamming remote controlled spike strips it not an offense

That also makes Texas the only state where jamming police radar is a criminal offense

Anonymous Coward says:

Re: Re: Re:2

You know the CIA probably tracks your posts here. You should stop posting because you’re giving them too much information to find you. Your tinfoil hat isn’t going to save you. Disappear, mate! Burn your drives and flee to a non-extradition country where you can’t get a good wifi signal so we don’t have to read your blathering tripe anymore!

Jeremy Lyman (profile) says:

This seems like a warrant to seize a department store because you think it may have surveillance cameras that could see outside. If you were so desperate for recordings, why don’t you wait by the car with your warrant and take them when the owner shows up? Because this is easier an private citizens don’t have the resources to stop you.

David Buswell (user link) says:

Re: Cops Are Starting To Tow Away Teslas To ‘Secure’ Recordings Captured By The Cars’ Cameras

What a rubbish story. The recording device in a Tesla isn’t part of the cars computer. It’s just any old plugin hard drive or memory stick you can buy anywhere.
If police would want any video they would just look up the owner details and call the owner to provide the video.
Techdirt is obviously a shoestring outfit if they can’t even check basic facts

Anonymous Coward says:

Re:

Then you makevsure the drive is encrypted so they can’t read the data

That is why when I go to Canada’s Wonderland I have my phone security turned to insane levels because I have to go through Michigan and Michigan is an asset forfeiture state.

There is no law in Michigan making it a crime to make your device. inaccessible to law enforcement.

Setting your phone to wipe and reset after too many failed password attempts dues not break any laws

Anonymous Coward says:

Re: Re: Re:2

Nobody disputed that. You just sound like a paranoid sovcit spinning fan fic. It wasn’t relevant. The point was that the cops could just get a warrant for the drive and didn’t need the car. You assume the driver wouldn’t want to cooperate. Some people do. I’m not saying that’s correct. But you changed the context to push your obsession.

Anonymous Coward says:

Re: Re: Re:2

You don’t have to be a lawyer to give legal advice unless you want to charge for it.

That is false. In most cases if you aren’t a attorney and you are giving legal advice, regardless if you charge for it or not, it’s considered illegal practice of law. You can’t even ask an attorney for legal advice before you have established a client-attorney relationship.

Supplying legal information on the other hand is entirely legal but sometimes there isn’t a clear line between it and a legal advice so if you want to give legal information it is best to keep it to generalities or recommended legal information resources so people themselves can decide what’s relevant to their situation.

The moment you tell people what to do you are in legal advice territory and it can open you up to liability if someone follows your advice and it goes badly.

Uriel-238 (profile) says:

I think a police officer wants a used Tesla

From what I understand of the connected state of Teslas, a police officer with a court order can contact the Tesla car company and have that specific Tesla unlocked so the officer can access the thumb drive and copy it for sake of any evidence.

(Instances of tow requests according to the article are when the owner of the vehicle cannot be found, and it presumes the vehicle is in sentry mode.)

Unless I’m mistaken, it’s a procedural problem, but it’s easier on the car and the owner if the vehicle isn’t towed. Not towing also leaves less of an intervention footprint by law enforcement.

But this also presents a motivation for private security to not store locally but stream it elsewhere. This was a problem when police were confiscating private phones used to record police action, hence the ACLU app/tool that allowed video recording that streamed the data to ACLU cloud sites in real time, so law enforcement couldn’t bury their abuse.

Anonymous Coward says:

Reminds me the 90s, when the fastest way to copy games was to go to the guy that has bought the last game with my whole computer instead of using 50 floppy disks. My first laptop had only 40Mo hard drive (and I needed to travel with the 5lb charger.)
So this computer may has been technically less heavy than a car, this was not the case after climbing to the 5th floor.

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