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Path: utzoo!linus!philabs!pwa-b!mmintl!franka
From: franka@mmintl.UUCP (Frank Adams)
Newsgroups: net.legal
Subject: Re: Radar Detector Legislation
Message-ID: <598@mmintl.UUCP>
Date: Wed, 14-Aug-85 20:13:12 EDT
Article-I.D.: mmintl.598
Posted: Wed Aug 14 20:13:12 1985
Date-Received: Mon, 19-Aug-85 06:19:12 EDT
References: <1081@homxa.UUCP>
Reply-To: franka@mmintl.UUCP (Frank Adams)
Organization: Multimate International, E. Hartford, CT
Lines: 25
Summary: Using a radar gun is not a search


In article <1081@homxa.UUCP> gritz@homxa.UUCP (R.SHARPLES) writes:
>  Radar guns should be unconstiutional but the case has never made it to the
>  Supreme Court.  Radar guns are electronic surveillance devices that the
>  police use at random on citizens who are driving motor vehicles.  Most
>  motorists obey the speed limit (more than half), a few speed (less than
>  half, the %s don't matter). However, the police indiscriminately use
>  electronic surveillance devices to sample the speed of all cars.  They then
>  apprehend the drivers who are exceeding the limit.  A radar detector is the
>  citizen's only defense against this invasion of privacy (unwarranted search
>  and seizure).  Not to mention the fact that the police radar signal is a
>  publicly broadcasted radio signal which, according to the FCC, can be picked
>  up by anyone.


A search is the invasion of your privacy.  Radar guns only measure the
speed of your vehicle.  Since your vehicle is moving in public, its speed
is public, not private.  Therefore it is perfectly legitimate to use
radar guns to measure your speed.

There is nothing inherently wrong with *electronic* surveillance devices.
Planting an electronic listening device or hiding and eavesdropping are
equally odious.  Since the police can estimate your speed by looking at
you, they can use an electronic device for the same purpose.  In either
case, if you are exceeding the speed limit by more than the margin of
error for the measurement technique, you can be convicted of speeding.