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why are radar detectors illegal in Virginia?

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Old Jul 15, 2011 | 12:08 PM
  #11  
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You can say you just felt like slowing down. A hunch is not good enough to equal probable cause.
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Old Jul 15, 2011 | 07:15 PM
  #12  
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what do you mean stocker? his Spectre 3 detector, detected my detector, he didnt have a hunch, he had "probable cause" due to his equipment readings... and also after conferring with a buddy law enforcement official, he told me that even during a search they can order you to open a locked glove box... so that idea wouldnt have worked.
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Old Jul 15, 2011 | 07:55 PM
  #13  
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Originally Posted by Visionz
If a cop see's you slow down right before you get to hit, he has probable cause to search your car for a detector since they are illegal.


was responding to that.



You might want to check again with someone local who knows what they are talking about whether they can look in a locked compartment.
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Old Jul 15, 2011 | 08:24 PM
  #14  
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oh, my bad....



and yea i did, my brother... he was a Navy cop, and like to study law stuff as he wanted to be a K9 cop... but now hes going for his veterinary degree... go figure... reason i say "official" is cuz he knows his sh*t.
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Old Jul 15, 2011 | 09:24 PM
  #15  
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found this mumbo jumbo





Radar Detectors in Virginia

While the days of the Virginia State Police sniffing out your FuzzBuster (tm) radar detector and seizing it are gone, it is still illegal to use radar detection devices in Virginia. Contrary to the state statute, some local government web sites such as the City of Fairfax advise that drivers may possess a detector even in a vehicle if the device has no power source and no one in the vehicle can access it. The actual statue, however, still prohibits possession in a motor vehicle, even if disconnected and not in actual operation.









§ 46.2-1079. Radar detectors

"A. 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.



"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.



"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."










so how do you interpret this ? im not asking HOW, im asking for your opinion of this, especially this part:

This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence,
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Old Jul 15, 2011 | 10:32 PM
  #16  
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The cop takes it and shows it to the judge, but you should be able to get it back. Evidence, not forfeited property. Good luck with that suit for return of evidence . . .
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Old Jul 15, 2011 | 10:46 PM
  #17  
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so what does
if needed as evidence
mean ? evidence to what ? he already has his equipment that detected my detector as evidence. it clearly says
shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism
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Old Jul 15, 2011 | 11:17 PM
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Originally Posted by Stocker
Derp, because the only reason to have one is so you can break the law and get away with it?
The only reason? Guess you don't know that they can detect upcoming construction, or emergency vehicles in the vecinity.
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Old Jul 15, 2011 | 11:33 PM
  #19  
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and train tracks, and new ones have GPS enabled tools that use networks to let you know of "usual" speed traps. so you dont get ticketed on out of town road trips to visit grandma where you dont "know" where cops like to hang out and tax you.
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Old Jul 16, 2011 | 09:03 PM
  #20  
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! Don't speed and you don't have to worry about unusual speed trap locations?



If you shoot somebody in self defense, the cop may be taking your gun to his evidence locker. AFTER it's ruled justified, the gun is given back when you ask pretty please with triplicate forms on top. You didn't lose it forever, which would be the case if you forfeited it, you lost it temporarily so it could be evidence.
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