How to Legally Use a Dashcam to Record Audio and Video

[Lucubrate]

My question involves civil rights in the State of: California

Not sure which forum is the best one for these three points regarding a dash cam inside of a personal automobile.

1. If a dash cam records audio and video, and it's in pain view on the front windshield, must one post a sign for any passenger stating that they are being recorded via audio, viz the two party consent law? Or is it implied by the presence of the dash cam? The manufacturer division in California did not supply a warning sticker or even mention this in their literature.

If I had security cameras in or around my home, they could record audio and video, but have never seen warning tags on those devices re: two (or more) party consent. Wouldn't a home be analogous to one's private passenger car?

2. A friend told me that a dash cam when used in California must record the speed (mph), but I cannot find anywhere that this is a requirement. With an extra module (GPS) the speed can be recorded, but my unit doesn't have a GPS built-in. So is there a law that all dash cams record the vehicle speed?

3. If an accident occurs, and I may be at fault, and the recording is on the dash cam which could document my culpability (or exonerate), is there a requirement to preserve that video? How does that work? Is a search warrant required? Does the dash cam get confiscated as potential evidence?

[Mr. Knowitall]

It is not automatically implied by the presence of a camera that it's recording audio, or even that it's on. Further, it is not necessarily legal to place your camera in a location where it is obvious to your passengers, lest it be deemed to be obstructing the windshield.

I don't know why your friend imagines that private dash cams are only permitted if they record speed.

If you are in an accident that could result in litigation, you have a duty to preserve evidence. If you are later found to have destroyed evidence, you can expect that you will also have destroyed your credibility.

[L-1]

Section 26708(b)(13)(B) of the California Vehicle Code mandates that a vehicle equipped with a video event recorder shall have a notice posted in a visible location which states that a passenger’s conversation may be recorded.