ON THE RADAR

The New Hanover County Sheriff's Office is back on the radar. Remnants of Sid Causey stench has found it's way once again into the lap of Ed McMahon. As if the scandal of the helicopter fiasco wasn't enough, a new whale of a scandal has washed up on shore.

The County used grant money from the State to purchase 4 new radar units in May 2008. They installed this new equipment into new cars also purchased with a grant. They then used these radar units for at least 9 months illegally issuing speeding citations and other criminal charges stemming from the initial stop for speeding.

The units, the Golden Eagle II, were not even approved for use by the State until August 2009.

What does this mean? It means every citation issued because of the illegal use of this equipment could be tossed out. It means defense attorneys will have new  business to seek dismissal of charges for anything from speeding to drunk driving to drug possession. It is even possible that someone had their vehicle seized and sold for gas money for the helicopter. It means the District Attorney will have to work overtime or hire extra people to answer all the inquiries. It means if New Hanover County did it it stands to reason other Counties did the same thing.

How did it happen? The Sheriff's Office did not do their job properly. They can say whatever they want but the fact is that they should have known better. It's their job.

Eventually Sheriff McMahon became aware of this problem. Supposedly he said something to the District  Attorney's Office. The average traffic officer has at least 100 cases in their case file at any given time, many have more than 200. So for the sake of argument let's just say that at the moment of discovery 4 deputies in the SAFE unit had 100 cases each on file, not yet been presented in court. 400 cases awaiting trial. Were each of these cases dismissed? Were the defendants at least told the truth in court?

We are seeking the answer to that question. What happened to those cases when it became clear that these deputies were not certified to use the equipment?

When we get some answers we'll let you know.

Comments

[guest]

YOU NEED TO GET A LIFE!

[WilmMan]

Since you are a former Deputy, tell me if this is not correct. Radar is a tool to help you determine that someone is speeding. Part of being certified with a radar is to guess the speed of a vehicle, then listen to it's alert tones and then do a visual of the radar just to confirm you are correct? If that is the case, then why wouldn't every one of those speeding tickets stand?

[badge 387]

As sworn LEO and someone who runs radar on a regular basis I find your spin on this WilmMan to be funny. (hopefully it isn't meant to intentionally distort the serious nature of these allegations)

Radar is a tool, as is the SBI's scientific crime lab. Looks like the blood found at the crime scene belongs to the victim, no need to bag it? Or do we send it to the lab? In my experience I will rarely, if ever, stop someone without radar. On the citation I will make note of the exact speed recorded by radar on the citation and I would imagine each of these deputies using the Golden Eagle II did so as well.

The way I understand this, these deputies thought there was no reason to certify on this equipment. What strikes me odd is the fact that the deputies, even after realizing their mistake, never said anything to the defendants. There is a duty to be honest.

[WilmMan]

First of all, what proof is there that these deputies used these radar units. We know when they were purchased but nowhere does it state we know when the units were used. The units do not come pre-installed in the vehicles so why isn't there a copy of the receipt that shows when the units were installed?

And Badge 387, what makes you think that these deputies, who have been trained for every other unit they have used< would think they wouldn't need to get certified on the new units?

Also, it's not the deputies responsibility to inform the defendant of the situation. It's that of the DA. And most of the time LEO are not present when defendants go to court to pay the fines
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Where's the proof these units were used???

[Bill O'Brien]

WilmMan seems to know just enough to sound like he knows something but he falls well short of the mark. My guess is he would be someone friendly with the NHCSO but doesn't have a clue as far as what TRAINING AND STANDARDS is all about. He also doesn't have a clue when it comes to training involved in getting your radar certification. There is not an officer or deputy that leaves that course without knowing exactly what gear they are certified to use. It is an intensive training that leaves no holes open. The instructors realize that they are not just training on how to use the equipment but, they are also helping court cases with a strong foundation.

WilmMan would have us believe that because LEO's are trained to estimate speed then it doesn't really matter what radar they are using. The line about not disclosing the information is really out there. I am assuming that WilmMan has never heard of BRADY material or a court case, Giglio v United States.

Do some more homework before you post ignorant responses WilmMan! There is not an honest LEO out there who doesn't cringe when they hear about this going on.

[Bill]

Try reading NC Gen Statute 8-50.2:

a) The results of the use of radio microwave, laser, or other speed‑measuring instruments shall be admissible as evidence of the speed of an object in any criminal or civil proceeding for the purpose of corroborating the opinion of a person as to the speed of an object based upon the visual observation of the object by such person.

(b) Notwithstanding the provisions of subsection (a) of this section, the results of a radio microwave, laser, or other electronic speed‑measuring instrument are not admissible in any proceeding unless it is found that:

(1) The operator of the instrument held, at the time the results of the speed‑measuring instrument were obtained, a certificate from the North Carolina Criminal Justice Education and Training Standards Commission (hereinafter referred to as the Commission) authorizing him to operate the speed‑measuring instrument from which the results were obtained.

(2) The operator of the instrument operated the speed‑measuring instrument in accordance with the procedures established by the Commission for the operation of such instrument.

(3) The instrument employed was approved for use by the Commission and the Secretary of Crime Control and Public Safety pursuant to G.S. 17C‑6.

(4) The speed‑measuring instrument had been calibrated and tested for accuracy in accordance with the standards established by the Commission for that particular instrument.

(c) All radio microwave, laser, and other electronic speed‑measuring instruments shall be tested for accuracy within a 12‑month period prior to the alleged violation by a technician possessing at least a General Radiotelephone Operator License from the Federal Communications Commissions or possessing a Certified Electronics Technician certificate issued by a Federal Communications Commission Commercial Operators License Examination Manager or by a laboratory established by the International Association of Chiefs of Police. A written certificate by the technician or laboratory showing that the test was made within the required period and that the instrument was accurate shall be competent and prima facie evidence of those facts in any proceeding referred to in subsection (a) of this section.

All radio microwave, laser, and other speed enforcement instruments shall be tested in accordance with standards established by the North Carolina Criminal Justice Education and Training Standards Commission. The Commission shall provide for certification of all radio microwave, laser, and other speed enforcement instruments.

(d) In every proceeding where the results of a radio microwave, laser, or other speed‑measuring instrument is sought to be admitted, judicial notice shall be taken of the rules approving the use of the models and types of radio microwave, laser, and other speed‑measuring instruments and the procedures for operation and calibration or measuring accuracy of such instruments. (1979, 2nd Sess., c. 1184, s. 3; 1983, c. 34; 1987, c. 318; c. 827, s. 60; 1994, Ex. Sess., c. 18, s. 1; 2005‑137, s. 1.)