Maryland permits the use of dash cams in private vehicles, but drivers must follow specific regulations regarding placement, recording, and privacy to remain compliant with state law.
Dash Cam Legality and Placement
- Dash cams are legal in Maryland and widely used for documenting traffic incidents, accidents, and interactions with law enforcement.
- Placement is regulated to ensure driver safety. A dash cam must not obstruct the driver’s view of the road. Maryland law allows dash cams to be mounted:
- Higher than five inches below the top of the windshield, or
- Within a seven-inch square in the bottom corner of the windshield.
- Mounting a dash cam outside these areas or in a way that impairs your vision can result in a citation.
Audio Recording and Consent Laws
- Maryland is a two-party consent state for audio recording. This means all parties being recorded must consent to audio recording inside the vehicle.
- Recording conversations with passengers without their knowledge or consent is illegal and can violate Maryland’s wiretapping laws.
- To comply, you should either turn off the audio function or inform all passengers that audio is being recorded.
Video Recording
- Video recording in public spaces, such as roads and parking lots, is legal and does not require consent.
- Video surveillance is not considered an invasion of privacy in public areas, but it is illegal to record in places where people expect privacy (e.g., bathrooms, private homes).
Admissibility of Dash Cam Footage in Court
- Dash cam footage is generally admissible as evidence in Maryland courts if it is relevant, properly authenticated, and not misleading.
- Authentication requires proving the footage is accurate, unaltered, and recorded at the time and place in question.
- Footage that violates privacy or consent laws (such as unauthorized audio recording) may be excluded from evidence and could result in legal penalties.
Police Interaction and Seizure of Dash Cams
- Police can seize your dash cam or its footage only with a search warrant supported by probable cause.
- You have the right to record on-duty police officers in public, including during traffic stops.
- Police cannot lawfully order you to stop recording or to delete footage unless your actions interfere with law enforcement operations.
- Dash cams are legal in Maryland if mounted correctly and not obstructing the driver’s view.
- Audio recording requires consent from everyone being recorded inside the vehicle.
- Video recording in public spaces is allowed without consent.
- Footage is admissible in court if it meets evidentiary standards and respects privacy laws.
- Police need a warrant to seize your dash cam or footage, and you may record police interactions in public.
By following these regulations, Maryland drivers can legally and effectively use dash cams to protect themselves and document incidents on the road.
Sources
- https://www.lepplerinjurylaw.com/blog/dashcam-footage-in-maryland-car-accidents/
- https://triallawyersmaryland.com/can-police-seize-dashcam-maryland/
- https://ricelawmd.com/is-dashcam-footage-admissible-in-maryland-car-accident-cases/
- https://www.portnerandshure.com/blog/2019/january/3-reasons-you-need-a-dash-cam-in-maryland/
- https://facit.ai/insights/dash-cam-laws-by-state
