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Black box

Discussion in 'Auto Accidents, Injuries' started by Cwm23, Sep 15, 2019.

  1. Cwm23

    Cwm23 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    What would constitute probable cause for an investigating agency to pull black box data on an at fault driver’ vehicle in an accident that caused a death?
     
  2. mightymoose

    mightymoose Moderator

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    Is it your assertion that it is unreasonable for an investigating agency to obtain such information under the circumstances?

    Were you in possession of the vehicle or had your insurance company taken it? Perhaps it was a police evidence impound?

    I can imagine scenarios in which an investigator might need a warrant to access such information, but I doubt yours is such a case.

    Odds are there is absolutely no problem with them recovering the data.
     
  3. army judge

    army judge Super Moderator

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    Just a guess, also anecdotal evidence of cases where I've seen what you inquired about occur.
    1 - Collisions that involved serious bodily injury
    2 - Collisions where someone died
    3 - Collisions where major vehicle malfunctions were suspected
    4 - Incidents where speed of the vehicle was believed to be excessive or reckless
    5- Once where the vehicle was believed to have been sabotaged mechanically

    Unless, and only if the matter of fault has been ADJUDICATED by a court of competent jurisdiction, there is no fault, only suspicion of same.
     
  4. Cwm23

    Cwm23 Law Topic Starter New Member

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    I was told by the homicide detective that there was not probable cause to pull data and it was needed to do so. It was not pulled for the investigation.

    Apparently, in Florida it’s been ruled that there is an expectancy of privacy for the data and a warrant is needed.

    The vehicle is that of the other driver who was deemed at fault through initial traffic report and eye witnesses. The vehicle is still being held.
     
  5. army judge

    army judge Super Moderator

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    If you desire legal advice, ask a lawyer, not a homicide detective.

    Prosecutors and/or assistant district attorneys determine whether to pursue a prosecution against a particular individual.

    Prosecutors lead the decision into whether a warrant is to be sought during the course of an investigation with input from sworn law enforcement personnel.

    A judge ultimately decides whether a warrant shall issue or not.

    Again, fault is determined in MOST jurisdictions ONLY after a trial has transpired and a verdict rendered.


    Your state, Florida, is an exception, as it is "no fault" state.

    The “no-fault” law in Florida means that, in the event of a car accident, both parties turn to their auto insurance policies to make claims, regardless of who was at fault. To cover this, all Florida drivers must have Personal Injury Protection (PIP) insurance included in their car insurance policy.

    What Does Florida's No Fault Auto Insurance Really Mean? | Personal Injury Attorneys Schwed, Adams & McGinley

    Background on: No-fault auto insurance | III

    Is Florida a No-Fault State?
     
  6. Zigner

    Zigner Well-Known Member

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    It is very likely that any information needed in the matter is available through other, more "traditional" methods.
     
  7. zddoodah

    zddoodah Well-Known Member

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    If I really wanted to do so, I could probably concoct hundreds of hypothetical scenarios that for this. Why would I want to do that?

    Since your question apparently arises out of a real situation, why not describe that situation and ask a different question? Also, what is the age, make and model of the car in question?
     

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