User Manual

37
Legal guide
The BEE III Doppler radar is based upon the well-known and legally accepted Doppler principle of
operation. Because of its accuracy and wide legal acceptance over the years, most citations based
on Doppler radar now result in guilty pleas.
The arresting officer does need to acquaint himself, however, with the basic case laws regarding
radar and make sure that he performs certain guidelines to meet these precedent cases. Brief
descriptions of the more important landmark cases are listed below. Much of the referenced
material may be obtained at your local law library or prosecutor's office.
Reference A - 7 AMJr2d 870 (Sec. 327)
A legal encyclopedia dealing with automobiles and highway traffic, which describes the
conditions under which evidence of excessive speed determined by the use of radar may be
admitted.
Reference B - 49 ALR2d 469 and Cumulative Supplements Thereto
A legal publication reporting the Dantonio case (1955) and briefing it and subsequent
cases dealing with proof, by means of radar devices, or violation of speed regulations.
Reference C - State v. Dantonio (NJ), 115 A2d 35, 49 ALR2d 460
A landmark case on the subject. This case sets precedent of the following:
1. Judicial notice has been taken of the accuracy of radar.
2. A few hours training is sufficient to qualify an operator.
3. The operator need not understand, or be able to explain, the internal workings of
the radar.
Reference D - Everight v. Little Rock, Ark., 326 SW2d 796
Establishes that the court may take judicial notice of the reliability of radar.
Reference E - State v. Graham, Mo., 322 SW2d 188
Establishes that the court may take judicial notice of the ability of radar to measure speed.
Reference F - State v. Tomanelli, Conn., 216 A2d 625
Reviews the matter of judicial notice, and recognizes the ability of Doppler radar to
measure the speed of a motor vehicle, and that the tuning fork is a reliable accuracy test.