The “Black Box” of Your CarApril 7th, 2017 by David Wieland
When you hear the term "black box" it typically evokes thoughts of plane crashes authorities working to determine what went wrong to cause the crash. The "black box" is an event data recorder (EDR) that automatically captures information during the flight including recording cockpit conversations and flight data.
An interesting topic has come to the forefront recently and continues to garner attention throughout the state of FL. Recently, a little know feature called the Event Data Recorder (EDR) has been added to later model vehicles. The EDR is the "black box" of your vehicle automatically recording crash-related data and vehicle performance statistics. The EDR is typically utilized by repair shops to capture information used to ensure optimal performance or detect any issues. However, the EDR also captures crash-related data such as speed and breaking, factors that can be very important to determine fault in an accident.
The addition of the EDR has given rise to a debate as to whether information recorded from this device, and gathered by police without a warrant, should be allowed as evidence in court to prove the other party’s negligence. Does collecting data from the EDR without a warrant violate a person’s 4th amendment right to privacy? According to a recent ruling by the Court in State v. Worsham, No. 4D14-2733 at 1 (Fla. 4th DCA Mar. 29, 2017), the answer, at least for now, is yes.
However, there is a possibility that the 4th DCA's holding does not remain as the law of the land for long. The 4th DCA is the first appellate court to consider this issue andFor more information please see the article written by Simone Marstiller, Esq. who previously served an appellate judge with the First Disctrict Court of Appeal for Florida: https://www.linkedin.com/pulse/little-black-box-simone-marstiller.