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Old 2009-05-14
TSi+WRX TSi+WRX is offline
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Quote:
Originally Posted by Veil Guy View Post
I don't suspect that IACP would officially sanction the targeting methodology or even the manufacturers of the police lasers, however, I do believe that it is technically possible.
+1.

It'll work, and there are plenty of hobbyists who can affirm this via their first-hand experience - and if you searched YouTube and the like chopsnz, you'll even find such.

But it's definitely not "in the books."


Quote:
Whether or not he could actually issue you a ticket that could stand up to a challenge in any given court, is beyond my scope.

However, given your obvious knowledge of the subject, coupled with your observations, I suspect your could either mention it to the officer at the window (at the time of the stop) or at any hearing and it may introduce enough "doubt" to allow some negotiating room for a dismissal.
I think that this is really tenuous ground.

In court, it becomes a case of he-said/she-said.

If the officer chooses to testify, falsely, that the reading was not obtained through the rearview, when you yourself saw, truthfully, that he did.....

Without concrete proof, who will the judge listen to?

What's more, physically capturing, via videotape, particularly in a covert nature, the encounter, is legally forbidden in many areas - this compounds our "burden of proof," particularly if the enforcer him/herself does not admit to such tactics openly, either at the time the citation was issued (i.e. that you can get them to commit, to writing or on their own video/audio recording equipment, that they used such a tactic), or at trial.

Does this technique work? Undoubtedly.

Is this technique officially sanctioned/approved? No.

Can you use the latter fact to help plea your case? Tenuous.

Does this technique benefit the enforcer?

That's a complicated question.

I think that in terms of presenting perhaps a enforcement scenario which not many members of the driving public are aware of, either in presenting a "different" cruiser (4-wheel) profile or in securing a better hiding location (either 4-wheel or 2-wheel) it can be an advantage - but that as Veil Guy said, in terms of practicality, it may be more a handicap.....

Truthfully, I think using that technique is more trouble than it's worth - and that a better trap setup, better tradecraft by the enforcer, would eliminate the need for such unorthodox and technically/legally questionable use of his instrument.


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