Legal and Operational Concerns

Question 1

What did the Supreme Court of New Jeresy take judicial notice of in State vs. Dantonio?

Answer 1

Doppler Principle

Question 2

What did the Supreme Court of Connecticut New Jeresy take judicial notice of in State vs. Tomanelli?

Answer 2

RADAR principles and the accurarcy of tuningforks

Question 3

What did the Kentucky Court of Appeals take judicial notice of in Honeycutt vs. Commonwealth?

Answer 3

1. Accuracy of RADAR device
2. Testing of device with tuning forks
3. Officer does not need to understand the scientific principles of RADAR

Question 4

What did the courts decide with the Geogeria case Darden vs. Rapkin?

Answer 4

The vehicle must be visible not the RADAR

Question 5

What did the Georgia Supreme court decide with Wiggins vs. State?

Answer 5

RADAR did not constitue a search under the 4th Amendement.

Question 6

O.C.G.A. 40-14-1

Answer 6

> All RADAR or LASER must meet minimum performance specifications established by the Department of Public Safety.

Question 7

O.C.G.A. 40-14-2

Answer 7

> Speed dectection devices can only be operated by certified peace officers

> Fee system paid by speed detection is not allowed.

Question 8

O.C.G.A. 40-14-3

Answer 8

> Agency applying for a permit to use speed section must list the streets and roads the device will be used.

Question 9

O.C.G.A. 40-14-4

Answer 9

> No agency can use speed detection device without first having a license in coomplicance with FCC

Question 10

O.C.G.A. 40-14-5

Answer 10

> Sets rules for accuracy checks of RADAR units

> Log of accuracy checks of RADAR must be kept

Question 11

O.C.G.A. 40-14-6

Answer 11

> 4 inch by 30 inch sign warning motorists that speed detection devices are in use placed on state highways

Question 12

O.C.G.A. 40-14-7

Answer 12

> Vehicle using stationary RADAR must be visible from at least 500 feet

Question 13

O.C.G.A. 40-14-8

Answer 13

> No county, city or campus officer shall make a speed case unless the vehicle
exceeded the posted speed limit by more than 10 MPH

> Not apply to school zone

Question 14

O.C.G.A. 40-14-9

Answer 14

> speed detection device within 300 feet of a reduction of speed limit and location inside a city

> 600 ft reduction outside city

Question 15

O.C.G.A. 40-14-11 (d)

Answer 15

Speeding fines account for 35% or more of a city or county enforcement agency’s budget are not allowed

Question 16

O.C.G.A. 40-14-17

Answer 16

> Evidence gained through the use of a LASER is admissible for all purposes
in any court in the state