Apendix B - Notable case law for radar tickets
Listed below are ten significant case law examples which
pertain to the use of radar in speed enforcement by police departments.
The first two cases deal primarily with the reliability and accuracy of
radar. The next six cases all deal with the various aspects of police
officer training and field testing of the radar units. The last two cases
specifically address the K-55 model radar gun by M.P.H. Industries, Inc.
of Chanute, Kansas.
State of Florida v. Aquilera (1979). This famous case is known widely
as the Miami Radar Trial. After a local television reporter showed a house
clocked at 28 mph and a palm tree clocked at 86 mph, the story broke nation
wide and radar was quickly shown to be less than accurate. In this particular
case the Dade County Court sustained a Motion to Suppress the results
of radar units in 80 speeding ticket cases. The court's opinion stated
that the reliability of radar speed measuring devices as used in their
present modes and particularly in some cases, has not been established
beyond and to the exclusion of every reasonable doubt, nor has it met
the test of reasonable scientific certainty.
United States v. Fields (1982). The District Court in Ohio ruled
that it was impossible to determine from the radar results whether the
defendant was traveling at 43 mph or whether the Speedgun Eight radar
unit was measuring the rotation of the ventilation fan at the sewage pumping
station next to the officer's car. The court also found that the officer
was not qualified to operate the radar unit since he did not know the
requirements for correct operation of the unit. In addition, the officer
did not calibrate the unit before its use.
Commonwealth of Kentucky v. Honeycutt (1966). This case is a very
common prosecution weapon against the 24 hours of classroom and 16 hours
of field training requirement. In this case the court ruled that an officer
should not be required to know the scientific principles of radar. The
court also ruled that the officer only needs to know how to properly set
up, test and read the radar unit. As such, a few hours of instruction
should be enough to qualify an officer to operate the radar unit.
State of Connecticut v. Tomanelli (1966). In the case, which is
the same year as the Honeycutt case, the Supreme Court of Connecticut
ruled that "outside influences may affect the accuracy of the recording
by a police radar set sufficient to raise a doubt as to the reliability
of the speed recorded." The court also stated that tuning forks must
be proved to be accurate to be accepted as valid tests of a radar unit.
In order to establish the accuracy of the radar unit the operator must
testify to the following:
1. That he made tuning fork tests before and after the defendant's speed
was recorded.
2. That the tests were made by activating 40, 60 and 80 mph tuning forks
and by observing that the unit responded correctly in each case.
State of Minnesota v. Gerdes (1971). The Supreme Court of Minnesota
ruled that where the only means of testing the accuracy of a radar unit
is an internal mechanism within the unit, and there is no other evidence
of the motorist's speed other than the radar reading, the conviction cannot
be sustained. The court also established the following conditions for
proving the accuracy of the radar unit:
1. The officer must have adequate training and experience in the operation
of the radar unit.
2. The officer must testify as to how the unit was set up and the conditions
the unit was operated under.
3. It must be shown that the unit operated with a minimum possibility
of distortion from external interference.
4. The unit must be tested with an external source, such as a tuning fork
or an actual test run with another vehicle that has an accurately calibrated
speedometer.
People of New York v. Perlman (1977). The Suffolk County District
Court ruled that the radar device was not proved to be accurate since
no external test had been performed before or after the arrest. This case
is significant since it established the criteria of testing before and
after a citation is issued.
State of Wisconsin v. Hanson (1978). In this landmark case, the
Supreme Court of Wisconsin set minimum conditions for the use of radar
as evidence. Sufficient evidence to support a speeding conviction with
moving radar will require testimony by a competent operating officer that:
1. He had adequate training and experience in radar operation;
2. The radar unit was in proper working condition at the time of the arrest;
3. The radar unit was used in an area where there was a minimum possibility
of distortion;
4. The input speed of the officer's car was verified, the car's speedometer
was expertly tested within a reasonable period after the citation was
issued; and
5. All testing was done without the use of the radar unit's own internal
calibration device.
State of Florida v. Allweiss (1980). The Pinellas County Court
ruled that the testing methods for radar equipment are legally insufficient.
"The use of such a tuning fork furnished by the manufacturer in this
court's opinion is tantamount to allowing the machine to test itself.
A tuning fork furnished by the manufacturer is but an extension and part
of the total speed measuring apparatus which is furnished by the manufacturer
upon delivery.
State of Delaware v. Edwards (1980). The court found that evidence
based solely on the reading from a K-55 moving radar unit was not sufficient
for a conviction since the unit has not been proven to be reliable.
State of Ohio v. Oberhaus (1983). The court sustained a Motion
to Suppress the results of a K-55 moving radar unit. The court further
ruled that the K-55 unit was only acceptable in the stationary mode.
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