NCJ Number
137360
Journal
Dickinson Law Review Volume: 94 Issue: 3 Dated: (Spring 1990) Pages: 783-803
Date Published
1990
Length
21 pages
Annotation
Because radar detectors have been the subject of largely uninformed debate, legislatures contemplating proposed bans should consider the arguments proposed by both sides and weigh the empirical data before hastily enacting laws.
Abstract
The most widespread means of enforcing speed laws involves radar. Statutory bans on radar detectors are in effect in Connecticut, Virginia, and the District of Columbia, and the constitutional validity of these statutes has been questioned. Two recent bills have proposed bans on radar detectors, one at the Federal level and the other at the State level. The failure of both measures reinforces the low priority of radar detector bans. Constitutional obstacles to radar detector bans relate to the supremacy clause, the due process clause, and the commerce clause. Policy obstacles to radar detector bans encompass safety, pitfalls of prohibiting radio reception, radar's inaccuracy and judicial notice, and negative effects on motorists. Constitutional and policy implications of a ban on radar detectors, coupled with a lack of supportive empirical data, suggest legislative forbearance on the issue. 156 footnotes