CERTIFICATION / CALIBRATION / SET UP - radar speed enforcement

These are additional questions you can ask as you see fit.

Alternative Cross Examination

• Accuracy of unit
• Manufacture's certificate of accuracy
• Prosecutors will likely attempt to introduce 
• Manufacturer is likely not a governmental agency, therefore not a government document under seal.  
  Certificate is subject to the hearsay objection.
• Tuning fork(s) 
• One tuning fork certified by the Colorado Dept. of Agriculture, Div. of Weights & Measures
• certification date within one year prior to the stop People v. Walker, 610 P.2d 496 (Colo.1980)
• certification date within one year before / six moths before
• Two tuning forks of different speed calibrations - neither one certified
• By running a vehicle with a calibrated speedometer through radar
• By concurrent speed check of a vehicle by radar and by vascar
• Timing of accuracy check
• Reasonable time before and after operation to insure proper functioning
• Checked at place where defendant was arrested and immediately prior thereto. City of St. Louis v. Boecker, 370 S.W.2d 731 (Mo App. 1963), Royals v. Commonwealth, 198 VA 876, 96 S.E. 2d 812(Ct. App. 1957)
• At and near the time of the stop unit checked
• Due to impracticality of using a second calibrated speedometer or separate vascar unit on location, accuracy is usually verified by tuning fork(s).
• Law enforcement agency FCC license.
• Dates of issuance and expiration
• If not current, the unit is being operated unlawfully
• FCC license generally runs on a 2 or 5 year cycle
• Maintenance and recalibration
• Exact nature of repair
• Dates of repair
• Dates of recalibration - preferably within 6 months
• Identity and qualification of technician
• Hearsay objection- only technician can testify
• Radar unit frequency
• Pulse radar (similar to military - can track multiple targets)
• Doppler radar - S Band, X Band, K Band
• X Band 10,525 MHz
• K Band 24,150 MHz
• Tuning forks
• Stamped on fork(s) speed and frequency MHz
• speed corresponding to fork
• Serial Number
• Manufacturer
• Frequency: X or K Band
• Frequency correspond to unit - X Band or K Band
• Speed correspond to fork
• Serial number & manufacturer
• Tines
• damage, dents or dings - Case Law - Walker, supra at 499
• Position relative to unit
• Distance from radar antenna 1" - 2"
• Horizontal or vertical placement - harmonics
• Tine Direction Placement
• Striking metal object - improper harmonics
• Striking too hard results in next harmonic and higher speed May damage or dent tines
• Two forks simultaneously - 80 & 50 = 30
• Antenna direction and possible other targets during accuracy test
• Readings on accuracy test - Moving Radar
• Each fork
• Patrol window and target window
• Steady, flashing, no reading, fluctuating
• Verification of subtracters in moving radar
• 2 forks simultaneously; i.e.: 80 and 50 = 30
• Time of accuracy test(s) 
• Reasonable time before & after operation to ensure functioning properly - Walker, supra at 498
• At place where defendant arrested and immediately prior to
  City of St. Louis v. Boecker, 370 S.W. 2d 731 (Mo. App. 1963)
  Royals v. Commonwealth, 198 VA. 876, 96 S.E.2d 812 (Ct. App. ___)
• Operation of accuracy test - moving radar
• Antenna direction and other possible targets during accuracy test
• Readings on accuracy test
• Each fork; patrol window and target window
• Steady, flashing, no reading, fluctuating
• Interference
• Heater fan
• Power source
• Direct to car battery, cigarette lighter, portable battery pack
• Shielded cable from power source to batteryIf none - engine and electrical interference
• Multiple cables twisted - antenna, power and remote
• Induction coil effect
• Increase in speed reading
• Damage 
• Antenna - effect signal received
• Cords - exposed wires 
• Inspection date of arrest?
• Location:
• Microwave transmitters Radio, CB, Amateur base stations e.g. KBPI ROCKS THE ROCKIES
• Power lines - high voltage
• Hospital, Doctor, Chiropractor, Dentist: X-Ray
• Service Station, banks, business:
• Neon or Fluorescent Light
• GeneratorsARC Welding Equipment
• Routine procedure on/off plug in radar device
  Self
  Other officers
• Procedure utilized by officer on/off when plug in radar device on date of arrest
• Round off vs. lop off by device; i.e.: 49.4 or 49.6 mph
• Speed reported 49 or 50 mph
• Sufficiency of evidence
• Calibration by running another unit through zone of influence
• Hearsay objection unless other officer present and testifies
• Calibration of squad car speedometer
• Tachometer and mechanic testimony required + maintenance records
• Stop watch: WWV Bureau check (National Bureau - Boulder) 
• Radar device; same unit bootstrapping or another radar device
• OPERATION AND USE - radar speed enforcement - Alternative: cross examination
• Visual estimate of speed of Defendant's vehicle
• Reinforce lack of certification re visual estimation
• Distance of Defendant's vehicle at estimation of speed
• Length of time of observation prior to speed estimation
• Obstructions to vision
• Time of day of citation
• Light or dark
• Weather date of stop
• Rain, sleet, snow, blowing dirt/sand/debris
• Number of vehicles in each lane and each direction of travel
• Describe defendant's vehicle
• Describe other vehicles in proximity to Defendant's vehicle
• Audio (Speedgun 8, K-55, MR-7, MR99, HR-8, K-911)
  On/Off
  Volume
  Doppler signal strength
  Detection of interference or other vehicles
  Describe sound
  TV or Radio test pattern
  pitch vary with speed of target
  volume vary with speed of target
  Round off vs. lop off by device; i.e.: 49.4 or 49.6
• Identification of terms and effect on radar device:
• Ghosting: weak signal or multiple bounce
• Shadowing: beam bounce off reflective object (trunk) add patrol to D.
• Low speed Combining: combine target & patrol in patrol window
• Multiple Bounce: i.e.. buildings in town
• Panning: move stationary unit increase speed reading (stationary)
• Batching: rapid acceleration/deceleration of radar car (moving mode).
• radar device unable to interpret
• Cosine Error: angle of antenna to target (stationary unit or mode).
  45 Degree: 100 mph = 70 mph
  30 Degree: 100 mph = 86 mph Aim 500'_750" = 5 Degree
  20 Degree: 100 mph = 93 mph Lift.
  10 Degree: 100 mph = 98 mph
• Scanning: move stationary unit increase speed reading
  arc = 2_3 mph "Quick Draw"
  push =10 mph
  Same as panning
  Target Bumping
  Same as batching
• Feedback Effect: aim antenna at or across readout
• window ==> high reading
• interference: accidental false signal
• Jamming: deliberate introduction of false signal
• Own Speed Capture: Moving mode; own speed in patrol & target window
• Beam shape
  Wedge from antenna - angle?
  NO: CIGAR SHAPE
  How identify target if unaware of beam shape and targets in zone
• Log of checks personal diary or journal
• Target distance
• Accuracy
• Maximum distance with accuracy
• Minimum distance with accuracy
• Interference
• Heater fan: false reading or shorten beam range
• Power source: direct to car battery, cigarette lighter, portable battery pack
• Cigarette lighter = engine & all electrical interference
• Ignition alternator AC alternating current interference
• Shielded cable from power source to battery: hearsay
• engine & electrical interference *Panel instruments in in patrol car
• Multiple cables twisted; antenna, power and remote control
• Induction coil effect=increase speed reading
• Damage to antenna: effect signal received
• Damage to cords; exposed wires Inspection date of arrest
• Location:
• Microwave transmitters; radio, CB, Amateur base stations, e.g. KBPI ROCKS THE ROCKIES
• High voltage power lines: how does officer check effect
• Hospital, doctor, dentist, chiropractors: X-ray
• Service station, banks, business: Neon Fluorescent Light
• Generators
• Arc welding equipment
• Effect of weather
• Wind, rain, snow, blowing sand or debris
• Buildings or reflective signs or burglar alarms
• Around curve: bounce off power lines
• Behind: bounce mirror
• Area and traffic: size area and amount of traffic
• position, mass, speed of other
• Moving or stationary mode
• Automatic lock: first speed exceed threshold entered
• failure to release: improper speed for defendant
• Lock, automatic or manual
• failure to release prior target reading - no relationship to defendant
• inadvertent error (naturally)
• "Out in front and nearest radar"
• Target not always lead car: speed, position & mass
• Experience at locationNumber of times set up at specific location
• Moving mode
• Comparison patrol window to speedometer
• Calibration of patrol car speedometer
• hearsay unless mechanic testifies
• Repair of vehicle transmission or radar device
• re-certification - Hearsay
• Beam absorption - inaccurate patrol window reading (reduced)
• Loose gravel, sand, tall grass
• Moving grass, trees or "stationary objects" increase patrol window.
• IF UNAWARE OF LIMITATIONS OF RADAR, HOW DO YOU COMPENSATE?
• Reason enforce prima facie speed
• Conditions which rendered defendant's speed unreasonable & imprudent or dangerous
• Have Officer SPECIFY EXACT CONDITIONS - probably can't