In a 1991 decision, the Washington Court of Appeals held that radar evidence is inadmissible unless the radar device is properly authenticated. The case, Bellevue v. Lightfoot, 75 Wn. App. 214 (1991), involved a motorist who was cited for speeding after his vehicle was photographed by a radar gun.
The motorist challenged the admissibility of the radar evidence, arguing that the radar device had not been properly authenticated. The trial court agreed, and dismissed the citation.
The city appealed to the Court of Appeals, arguing that the radar evidence was admissible because it had been used in previous cases. The court disagreed, holding that the radar evidence was inadmissible because it had not been properly authenticated.
The court reasoned that the purpose of authenticating radar evidence is to ensure that the device is functioning properly and that the operator is qualified to use it. The court found that the city had not met its burden of proving that the radar device was properly authenticated.
The decision in Bellevue v. Lightfoot is significant because it clarifies the requirements for authenticating radar evidence in Washington state. The decision makes it clear that radar evidence is inadmissible unless the device is properly authenticated, even if it has been used in previous cases.
The decision also has implications for other states that have similar rules regarding the admissibility of radar evidence. The decision suggests that courts in other states may be persuaded to follow the reasoning of the Washington Court of Appeals and hold that radar evidence is inadmissible unless it is properly authenticated.
You can read the text of Bellevue v. Lightfoot, 75 Wn. App. 214 (1991) here: https://casetext.com/case/bellevue-v-lightfoot
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