Police Taking mobile phone after car accident
Discussion
A friend (really) was involved in car accident & i was unable to get hold of them to enquire how they were doing as police have taken their phone.
There were injuries to both parties requiring overnight hospitalisation/surgeries.
I read somewhere that police collected a lot of intelligence from getting mobile phones if they suspect they’ve been used for criminal activities, but my question is what do they hope to gain from my pals phone, will they simply check if they were using it at time of accident or even extract info re speed of accident or will they trawl through everything in their phone whilst they’re “allowed” & potentially find evidence of a random crime & charge him.
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
There were injuries to both parties requiring overnight hospitalisation/surgeries.
I read somewhere that police collected a lot of intelligence from getting mobile phones if they suspect they’ve been used for criminal activities, but my question is what do they hope to gain from my pals phone, will they simply check if they were using it at time of accident or even extract info re speed of accident or will they trawl through everything in their phone whilst they’re “allowed” & potentially find evidence of a random crime & charge him.
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
They will be looking for evidence it was being used at the time of the accident. Whilst they probably won't go looking for it if they say check the camera roll to see if your "friend" was taking a selfie at the time and find naked pictures of a child then said friend will be going to prison with NONCE marked on their record.
AndyAudi said:
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
Short answer is yes. In a bit more detail they would prefer to do you for crossing solid whites instead as speed would require some work.AndyAudi said:
A friend (really) was involved in car accident & i was unable to get hold of them to enquire how they were doing as police have taken their phone.
There were injuries to both parties requiring overnight hospitalisation/surgeries.
I read somewhere that police collected a lot of intelligence from getting mobile phones if they suspect they ve been used for criminal activities, but my question is what do they hope to gain from my pals phone, will they simply check if they were using it at time of accident or even extract info re speed of accident or will they trawl through everything in their phone whilst they re allowed & potentially find evidence of a random crime & charge him.
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
Like everything in policing, there is a form to fill in if you want to have a phone downloaded or examined.There were injuries to both parties requiring overnight hospitalisation/surgeries.
I read somewhere that police collected a lot of intelligence from getting mobile phones if they suspect they ve been used for criminal activities, but my question is what do they hope to gain from my pals phone, will they simply check if they were using it at time of accident or even extract info re speed of accident or will they trawl through everything in their phone whilst they re allowed & potentially find evidence of a random crime & charge him.
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
On this you have justify why you require the examination, what the parameters of the download are, why it is proportionate, how you will prevent collateral intrusion.
Seizing a phone isn’t a green light to go on a fishing expedition and look at every photo, file, contact or browser history.
My dad died from the injuries he sustained after he was hit by an RS6 driven by a valet parking guy. The medical team suggest he pretty much died at the scene as his injuries were that bad (he was airlifted to St Mary's).
Police attending the incident (in 2015) did not take the car driver's phone.
Police attending the incident (in 2015) did not take the car driver's phone.
Glassman said:
My dad died from the injuries he sustained after he was hit by an RS6 driven by a valet parking guy. The medical team suggest he pretty much died at the scene as his injuries were that bad (he was airlifted to St Mary's).
Police attending the incident (in 2015) did not take the car driver's phone.
I’m really sorry for your tragic loss. It sounds as though the Police should have investigated further. I suspect mistreatment of a customer’s vehicle may have been a contributing factor. Police attending the incident (in 2015) did not take the car driver's phone.
Simon_GH said:
Glassman said:
My dad died from the injuries he sustained after he was hit by an RS6 driven by a valet parking guy. The medical team suggest he pretty much died at the scene as his injuries were that bad (he was airlifted to St Mary's).
Police attending the incident (in 2015) did not take the car driver's phone.
I m really sorry for your tragic loss. It sounds as though the Police should have investigated further. I suspect mistreatment of a customer s vehicle may have been a contributing factor. Police attending the incident (in 2015) did not take the car driver's phone.
Overall, a clusterf
k of an investigation. But, even with a conviction, it doesn't bring the old man back. Simon_GH said:
Modern cars have telematics which can provide speed information if required. A colleague s partner died in an RTA about 7 years ago and the Police said the data from his car showed he d been driving excessively quickly over a 20 mile journey.
I get that, & do agree with their use to support finding out what happened in an accident, to see if the driver contributed to the outcome.In my head it’s similar to measuring skid marks on the road.
I’d kinda think it was off though if they cleared my pal of wrong doing after a bump in the afternoon, but said they’d noticed he’d been doing 100mph earlier in the day so were charging him. (To be clear, I don’t think they would’ve been, they’re not the sort), I’m more thinking of a scenario that could apply to me!)
How long does a modern car retain telematic info that’s accessible?
AndyAudi said:
(Also got me thinking, my own car has dashcam if it was seized because I was in an accident - could I be charged with speeding etc from previous days?)
Speeding is unlikely as would be difficult to prove so they'd probably just do you for Due Care or Dangerous. Assuming that your speeding was also accompanied by other infractions. Even in the case below the speed was only estimated but the rider helpfully recorded things that will have given the magistrate(s) heart palpitations. What we might class as a safe overtake may be viewed differently when shown in court.Wheelies and nearly headbutting a roundabout though...
https://news.sky.com/story/motorcyclist-speeding-a...
Edited by skyebear on Friday 11th July 10:15
AndyAudi said:
Simon_GH said:
Modern cars have telematics which can provide speed information if required. A colleague s partner died in an RTA about 7 years ago and the Police said the data from his car showed he d been driving excessively quickly over a 20 mile journey.
I get that, & do agree with their use to support finding out what happened in an accident, to see if the driver contributed to the outcome.In my head it s similar to measuring skid marks on the road.
I d kinda think it was off though if they cleared my pal of wrong doing after a bump in the afternoon, but said they d noticed he d been doing 100mph earlier in the day so were charging him. (To be clear, I don t think they would ve been, they re not the sort), I m more thinking of a scenario that could apply to me!)
How long does a modern car retain telematic info that s accessible?
https://www.bbc.co.uk/news/uk-wales-51466273
Simon_GH said:
I thought the data was held by the monitoring system rather than the vehicle but happy to be corrected.
In the example in the post directly before yours the vehwas burnt out but they got the data from JLR, which confirms your thoughts although it may vary from manufacturer to manufacturer.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff