jjaudi

I was driving home the other night from work going through Warrington/Warminster township, and my radar detector (Bel 936) gave me a laser warning. I wasn't speeding so I wasn't worried about getting a ticket. About a quarter a mile down the road were two local cops sitting in their cars. Beware, I believe local cops are using laser/radar in addition to vascar and other speed timing devices to catch speeders. I was under the impression that only state police and not local/municipal cops could use radar/laser detection. Apparently they are some loopholes in the law. Read below.



DATE: April 25, 1996
RE: Eddy S. Greenbucks, Jr., File No. 96-002

FACTS: Abe L. Jones, a local sheriff's deputy, timed Eddy Greenbucks' vehicle traveling at a speed of one hundred-twenty miles per hour on Route 220. The sheriff's deputy used an electronic speed timing device, commonly referred to as radar, to detect the rate of speed of Eddy Greenbucks' vehicle. Eddy S. Greenbucks, Jr., a minor, received a citation for speeding.

ISSUE : Under the facts where a local sheriffs deputy timed the rate of speed of a vehicle on a highway with an electronic speed timing device, referred to as radar, does the law limit the power of a local sheriff's deputy to detect and cite drivers who violate speed limits?

HOLDING: Yes.

DISCUSSION: Generally, radar is an instrument used by the State Police for measuring the speed of motor vehicles. The Motor Vehicle Code, 75 Pa. Cons. Stat. Ann. section 3368(c)(2) (1995), provides that electronic devices, such as radio microwave devices, may be used to determine the rate of speed of a vehicle by members of the Pennsylvania State Police only. In our case, the sheriff's deputy used radar to determine the rate of speed of Eddy Greenbucks' vehicle. According to the law and facts of this case, the sheriff's deputy did not have the authority to use radar as a device for measuring the speed of Eddie Greenbucks' vehicle.

The legislature has not extended the right to use electronic devices, such as radar, to local police. In Commonwealth v. DePasquale, 509 Pa. 183, 501 A.2d 626 (1985), the court held that a municipal police officer does not have the authority to use electronic devices to measure the speed of a vehicle. In Commonwealth v. Schmitzer, 286 Pa. Super. 138, 428 A.2d 610 (1981), the court held that the use of a radar gun was improperly admitted where the police officers who used the gun were members of a city police department. See also, Commonwealth v. DeFusco, 378 Pa. Super. 442, 549 A.2d 140 (1988). In our case, a sheriff's deputy used an electronic device, otherwise known as radar, to determine the vehicle's speed. In conclusion, the law recognizes that modern speed timing devices are important for detecting drivers who violate speed limits; however, the law must be mindful of the potential for abuse to drivers which can arise from overly zealous enforcement of the speed limit laws by local police with the use of electronic devices, such as radar.

The law allows police officers to use various devices to determine the rate of speed of a vehicle. 75 Pa. Cons. Stat. Ann. section 3368 (1995), addresses the use of authorized speedometers and authorized mechanical and electrical devices and specific electronic devices that can be used by police officers to determine a vehicle's rate of speed. The facts of our case do not state whether the rate of speed of the vehicle was also ascertained by the use of a speedometer or a mechanical or electrical device. If in fact, another device was used, such as a speedometer, as long as the device was authorized, tested, approved and used properly, the law will allow this as admissible evidence.

CONCLUSION: Radar is classified as an electronic device; therefore, the use of radar is limited to the Pennsylvania State Police. The use of the radar device by the sheriff's deputy is not admissible as evidence to support the speed of the vehicle. We must be aware that the sheriff's deputy may have used another device, in addition to the radar, to determine the vehicle's speed. If after clocking Eddie with the radar, the sheriff's deputy followed Eddie for the required distance, and used the speedometer of his vehicle to measure the speed, this may prove to be admissible as evidence against Eddie.

Audi Junkie

About a week later, the locals near me had a "loaner" (I assume) gun with a big fat display telling you your speed. They probally did not have the training cert to use it but wanted to scare some folks. If signs posted decent speeds, people would have more respect, imo.

Audi n00b

Local and State use radar in CA.

Bob Petruska

it was about giving local law enforcement radar and it was shot down by the Senate...

Audi Junkie

We are in a time-warp. It was front-page news 2yr ago! It def was ok'ed. Maybe something is stirring

jjaudi

Hmmm...according to these websites that's not the case.

http://www.post-gazette.com/transportation/20020428radar0428p3.asp

http://www.pachiefs.org/day_on_the_hill.htm

Avanti Quattro

Under 75 PACS 3368: "(2) Except as otherwise provided in paragraph (3), electronic devices such as radio-microwave devices (commonly referred to as electronic speed meters or radar) may be used only by members of the Pennsylvania State Police." [Paragraph 3 refers to "VASCAR", the wires on the roadway device]

This becomes interesting if State Police "zap" you, but the local pulls you over down the road and writes you up, based on the observation of the other cop. At trial, BOTH of them have to show up and testify because the State Police were the witness.

I had a similar case with airborne tracking. The cop in the plane/copter MUST appear. The cop on the ground who wrote it didn't witness it, but relied on the hearsay (inadmissable) of the cop in the air.

BTW, always get a hearing and negotiate with the officer before seeing the Judge. You stand a 90% chance of a reduction just by showing up.

Disclaimer: This opinion does not create a lawyer/client relationship with any recipient and is posted for informational/entertainment purposes only.

MVG

RKA

I was clocked on a rural road in PA (in the middle of the night) on radar about a year ago...I turned the car around, and proceeded back to the officer's hiding spot. I asked him about the radar gun, knowing only state police can use them. He confirmed that only state police can use it, and mentioned he was "just testing" the gun (on loan from manufacturer). If he found somebody speeding, he would just clock them using traditional technique (vascar) and pull them over.

Around me, they use radar guns in those mobile "You are driving XXX speed and the speed limit is YY" contraptions.

RKA

I would ask one of the officers, the next time you pass them. I live in Newtown, and although I don't wander over there frequently, I would certainly be curious to know why/how they are using this if it's not legal to submit any evidence gathered in a court. It's very possible that they are using "electronic devices" to quickly and easily determine if someone is speeding, then they follow with a vascar speed measurement. If that's the case, that's a good thing. That means that if you're using a radar detector, you'll get a solid warning, before they actually measure your speed with vascar.

Audi Junkie

Good news if they did not follow through with it. I don't get local news, just national, missed it.