NCJ Number
16542
Journal
Illinois Bar Journal Volume: 62 Issue: 4 Dated: (DECEMBER 1973) Pages: 210-213
Date Published
1973
Length
4 pages
Annotation
STUDY OF THE RULES OF EVIDENCE AND THE CONSTITUTIONALITY OF RADAR AND VASCAR, THE TWO MOST COMMONLY USED POLICE SPEEDMETERS.
Abstract
THE OPERATION OF RADAR (RADIO DETECTION AND RANGING) AND VASCAR (VISUAL AVERAGE SPEED COMMUTER AND RECORDER) ARE BRIEFLY EXPLAINED. THE ACCURACY OF THE TWO SPEEDMETERS IS ALSO CONSIDERED. - THE COURTS NOW TAKE JUDICIAL NOTICE OF THE ACCURACY OF RADAR SPEEDMETERS, WHILE THE PROSECUTION IS REQUIRED TO PRODUCE AN EXPERT WITNESS TO TESTIFY AS TO THE THEORY, OPERATION, AND ACCURACY OF VASCAR UNITS. THE EVIDENTIAL REQUIREMENTS IN SPEEDMETER CASES ARE ALSO DISCUSSED. EMPHASIZED ARE THE THREE TESTS USED TO DETERMINE THE ACCURACY OF THE UNITS - LABORATORY TESTING BY ELECTRONICS EXPERTS, THE TUNING FORK TEST, AND THE RUN-THROUGH TEST BY AN AUTOMOBILE. THE AUTHOR SUGGESTS THAT SERIOUS CONSTITUTIONAL DUE PROCESS QUESTIONS CAN ARISE IF THE PROSECUTION FAILS, UPON DEMAND, TO ALLOW THE DEFENSE TO MAKE ITS OWN DETERMINATION OF THE MACHINE'S ACCURACY. HE MAINTAINS THAT PROVISIONS SHOULD ALSO BE MADE TO INSURE AGAINST TAMPERING WITH OR DESTRUCTION OF EVIDENCE, SUCH AS HAVING THE SPEEDMETER HELD UNDER SEAL.