Re: JAMBO97 AUTO Travel tips - radar
Steven G. Tyler (sgtyler@EROLS.COM)
Sat, 3 May 1997 11:00:53 -0400
Alan C. Wolfson wrote, in part:
> Scouter Don wrote:
> > For those that are driving to Jambo, I beleive that
> > radar/lazer detectors are totally ILLEGAL in VA.
> > If you are stopped, they will confiscate and destroy
> > the unit on the spot! And I beleive that they can
> > then also detain you and search the vehicle for
> > other contraband, which could be a pistol (hand gun)
> > that is NOT registered in VA.
> Can police really confiscate and destroy personal property that is legal
> in your home state, but happens to be regulated in a state that you are
> passing through? I would think that would be a violation of Federal
> Interstate Commerce regulations.
> Can any of you legal experts shed some more light on that?
First, yes, radar detectors ARE illegal in VA. Second, if you are caught
USING one in VA, the police would be within their rights to confiscate
the unit. I've never heard about the "destruction-on-the-spot"
practice, though. It might be a "frontier-justice" alternative to
confiscation and ticketing. As to the further search, that would be
subject to the rather arcane 4th Amendment requirements, but in general,
being stopped for possession and use of a radar detector doesn't strike
me as sufficient probable cause to warrent a full-vehicle, warrentless
search. If the officer asks, and you consent, you've waived your right
to object, though.
I'm not sure of the exact scope of the VA law, but if I was travelling
in VA with a radar detector, I'd disconnect the unit and store it in the
trunk, preferrably in the luggage. Under those circumstances, the
chances of your being stopped and the unit confiscated and/or destroyed
Steve on Cattail Creek
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City