LEGAL ISSUES RAISED BY ORBIS, A MOTOR VEHICLE DETECTION DEVICE TAKING PHOTOS OF SPEEDERS

THIS REPORT REVIEWS THE LEGAL BASIS FOR CERTAIN POTENTIAL CHALLENGES TO THE USE OF UNMANNED MECHANICAL DEVICES WHICH DETECT MOTOR VEHICLES EXCEEDING PREDETERMINED SPEED LIMITS AND WHICH PHOTOGRAPH BOTH THE FRONT PORTION OF THESE VEHICLES AND THE FACES OF THEIR DRIVERS AND PASSENGERS. AFTER A REVIEW OF VARIOUS CONSTITUTIONAL AND STATUTORY RIGHT-OF-PRIVACY THEORIES IT IS CONCLUDED THAT THE DEVICE DOES NOT INTERFERE WITH LEGALLY PROTECTED PRIVACY RIGHTS. THE DEVICE'S FAILURE TO DETECT SOME VIOLATORS DOES NOT LEGALLY BAR PROSECUTION OF SPEEDERS WHO ARE DETECTED. THE ADMISSIBILITY OF THESE PHOTOS AS LEGAL EVIDENCE CANNOT BE PREDICTED WITH CERTAINTY. THE ALTERNATIVE OF SEEKING LEGISLATION TO DIRECT COURTS TO ADMIT THE DEVICE'S PHOTOGRAPHS IS ALSO DISCUSSED. /AUTHOR/

• Supplemental Notes:
  • Rept No DOT-TSC-NHTSA-73-10
• Corporate Authors:

  Transportation System Center

  ,    
• Authors:
  • Glater, D
• Publication Date: 1973-12

Media Info

• Pagination: 48 p.

Subject/Index Terms

• TRT Terms: Courts; Drivers; Evidence; Laws; Legal action; Photographs; Photography; Prosecution; Speed indicators
• Old TRIS Terms: Orbis; Photographic methods
• Subject Areas: Highways; Law; Safety and Human Factors; Security and Emergencies;

Filing Info

• Accession Number: 00222358
• Record Type: Publication
• Report/Paper Numbers: Interim
• Files: TRIS
• Created Date: Apr 20 1974 12:00AM