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Originally Posted by ard
Although one might point out that it isn't 'evidence' until there is a 'crime'. And pressing a button to erase your on board data recorders after you have an accident might or might not be destroying evidence of a crime. Indeed the data you destroy might be what is needed to establish a crime occurred.
What if one purchased a 'flash' that actually re-wrote the software to eliminate any history recording? (Or at least the relevant portions) Surely we can decide how our own cars work, no? (Provided of course that said programing doesn't increase emissions.  )
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Nearly all states require informed consent to have their actions or words recorded. There in no informed consent that takes place when one purchases an Audi or BMW. Do they have you sign a form that clearly informs you that your vehicle has a "black box," of sorts?
If not, I don't know how they'll be able to prove the legality of this. There have been several high profile cases in which GM has attempted to submit such evidence to the courts from their Corvette models, which have had such devices for about 10-years. Those efforts have largely failed due on the face of their legal merit.
There may be a few cases that have slipped through the cracks or cases, I'm not aware of, but this is a very new area of the law, and one that faces many constitutional challenges.
I'll be happy to do more research on the matter, and but I'd prefer to stick on topic and save that for another thread, unless someone can tell me that our BMW X5s have "black boxes."