Crazy Theia question: indicate out of spec guns?

Boozehound

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Lower levels of government know that even though their statutes may be on shaky constitutional ground, the law will stand until someone with deep pockets successfully challenges it. Virginia's RD ban is a traffic ticket. A SCOTUS challenge will cost $100 K plus. I'm betting it'll never happen and Virginia's government knows it.

Right, and even if it does, will the court bother to hear it?
 

dougr

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Respectfully, no he doesn't. The first two sentences have already defined 'detecting' and 'interfering' as unlawful. Therefore, they are specifically excluded from the exception mentioned in the last sentence, which only applies to lawful purposes.

It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.
Explained this way, yes, I think Mike is correct. Detecting is unlawful, but other legal uses are ok to receive. But detecting has already been defined as unlawful and hence can't become a lawful use through the last line.
 

dougr

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It's basically saying that sitting in the grass on the side of the road with Theia plugged into a battery receiving the full spectrum of lawful signals is lawful activity, but if the person and Theia move into a parked car with the engine running then it becomes an offence. This may be how Virginia courts view it, but it's really quite absurd.

That seems correct. Notice the law doesn't prohibit possession, but use and sale. Seems buying one out of state and carrying it in is legal for residents. Or passing through and turning it off. Probably a known issue beat to death around here.
 

StuPidaso

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Excuse me officer, I just pulled over here on my own accord to let you know that your gun is out of spec...
 

Token

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Odds are the Theia is substantially more accurate than whatever craptastic radar unit has been thrashed about in a patrol car for the last 20 years, but for right or wrong the radar has a court history to support it, and the officer will testify that he pulled out the tuning forks and "calibrated" the radar both before and after writing a ticket, yada yada.

It's unlikely but if you had the funds for some high power legal representation it might be enough to get a subpoena for the particular radar unit which you could have tested by some lab somewhere. Expect the agency to just lie about which unit they are giving you if thats the case.

People have had frequency displays for years, doesn't make any difference when some agency uses radars tuned completely out of the band to try to avoid detectors.

While I agree that there is no way you are going to get Theia, or any radar detector, admitted as evidence in court, that is of less importance than the rest of your statements.

What agency, or agency's, are operating in clear and deliberate violation of Federal regulations by intentionally tuning their radar units outside the authorized bands? That is a real question, I seriously want to know. The police agencies themselves are almost certainly not adjusting the guns, and so it must be the labs that periodically certify the compliance of the radar units. In order to do something like this the labs must be being directed to do so, and then, since the gun no longer falls within the manufacturers spec, to falsify certification.

The FCC does almost nothing until a complaint is filed, and if agencies are systemically and intentionally violating Federal regulations they (the FCC) might be interested in hearing about it. The fact that the agencies are almost certainly not doing it on their own, but must be colluding with another office/facility/company to do so means there is likely a way forward to confirm it all.

It is the FCC's responsibility to investigate such issues. The probability they will investigate is small, however it is not zero, and the FCC could simply and quickly confirm, in the open air and without the police agencies in question cooperation, such a transgression. And they will not investigate, they cannot know to investigate, until a complaint is filed. But it does not cost you anything to file such a complaint, and anyone with knowledge or suspicion of these issues can file the complaint, it has no relationship to if a person was ticketed or not or what might have happened or not happened in court.

T!
 
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