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From: mcb@styx.UUCP (Michael C. Berch)
Newsgroups: net.auto,net.legal
Subject: Re: Radar Surveillance (burglars tools)
Message-ID: <10690@styx.UUCP>
Date: Fri, 23-Aug-85 15:59:39 EDT
Article-I.D.: styx.10690
Posted: Fri Aug 23 15:59:39 1985
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Organization: Lawrence Livermore Laboratory, Livermore, CA
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> [Discussion of radar detectors as burglar's tools]
>

The analogy of radar detectors (or even jammers) as burglar's tools 
seems weak for two reasons:

1. Burglar's tools are implements that actually assist in the
   perpetration of an offense. By contrast, you have already committed
   the offense while speeding; the detector or jammer merely assists
   you in escaping apprehension.

2. Penal statutes are to be STRICTLY CONSTRUED. You can't make an
   effective legal argument in criminal court based on an analogy to
   another penal law -- prohibitions must be specific and enumerated
   sufficiently for someone to know whether they are committing an
   offense. For example, I recall a California case from law school 
   where a convicted felon on parole was up for parole revocation for
   possessing a firearm.  What exactly he had was not reported, but all 
   the trial transcript reported was that he had a "gun". The police
   officer who testified at the trial was deceased and not available
   at the hearing. Since the official definition of "firearm" in the
   appropriate section of the penal code did not include the word
   "gun" (it talked about pistols and rifles and shotguns, etc.)
   the firearm charge was dismissed and the felon walked.

Michael C. Berch
mcb@lll-tis-b.ARPA
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