Even if you want to use the evidence later in your defence, your lie will then be obvious and police could charge you for providing false information.
If they ask for the camera, GPS, phone, SD card or data logger, you can politely tell the police you will gladly make it available after it has been copied.
That may not work, unless you have been syrupy sweet.
Don’t be obstinate. That could be seen as refusing to hand over evidence and you could be charged with obstructing a police officer in the execution of their duty.
That would result in a court appearance where you could cop a fine of a few hundred dollars.
The proper procedure is to let them take it and then challenge it in court. But, of course, the horse has already bolted.
Another legal opinion
However, one legal advisor suggests that would offend the right to not incriminate yourself.
“But there is the law and there is reality,” he notes.
“Coppers will usually do whatever is easiest to ‘prove’ an offence. If that entails bullying a motorist into handing over an SD card, that is what the coppers will do.”
If your camera or SD card has been confiscated by the police or handed over to them, ask the officer to make a note of it.
Police must supply you with a receipt of the item as “soon as possible”.
It must also be returned to you in 30 days unless it is to be used as evidence. In that case, police have to apply for an extension through court.
If the matter goes to court, your legal representative can also ask for the card or, at least, a copy to be supplied for your use as evidence.
This article is based on several other articles already published on Motorbike Writer as well as information from police and lawyers, including East Coast Lawyer Tina Davis and assistant Robyn Temperton. It is not legal advice. For legal advice, you should engage the services of a lawyer.