Interesting situation here: days after Matt Cordle, 22, from Ohio, confessed in an online video (seen below) to drinking heavily and driving the wrong way on I-670 in Ohio, leading to a fatal crash Downtown, he pleaded not guilty on charges of aggravated vehicular homicide and driving while intoxicated. Reasons are unclear as to why he pleaded not guilty.
Lesson of the story is, video footage might be used against you. Be careful about taking pictures and videos with smart phones. Side note: lots of smart phones embed data into media files that could also be incriminating, e.g., location, identity, etc.
This is by far not the first time youtube videos have been used against law breakers. One guy from New Hampshire posted videos of his marijuana growing operation, leading police ascertain his identity and arrest him. And, of course, the worst of them, the steubenville rape case.
The question is: what if I just like taking pictures and video of everything, and don’t believe the things I am recording are bad? Well, more than likely, most media you create will not be incriminating of a crime, but you never know. The solution is simple. Encrypt your data, and don’t make it public. Generally, Law enforcement cannot force you to un-encrypt data, as it violates the 5th amendment. See court ruling of a recent case below about encryption and 5th amendment.