Quote:
Originally Posted by WarrantyTracker
If Virginia LEO catches you using a detector, the protocol is for the LEO to copy down the serial number of the unit and return it to you on the spot. If he or she can't find a serial number, then the LEO takes it as evidence and it is returned to you after you cop a plea or lose your court case.
They don't have to "prove" anything. The law prohibits the car from being "equipped" with the detector. It it's accessible in the passenger compartment, it's equipped. If it's hardwired, it's equipped (and most LEOs are trained to find the serial number on the unit on a hardwire. If the driver was massively irritating, it's possible the LEO would impound the whole car. But this is unlikely, because it's bad community relations and the LEO comes off like a dick).
The LEO needs probable cause to search your car but the PC threshold in a motor vehicle on the road is almost nil. The LEO doesn't need a Specter (however you spell it) alert, and doesn't need to see the unit - PC can be ascribed to your behavior, such as sudden slowing in the presence of radar.
But the fine is $40 plus costs. When you're busted, you're busted. Mail in the check!
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In this discussion of radar detectors in VA (or any illegal area), nobody has really brought up probable cause/search laws until now. The above post is incorrect in saying the 'PC bar is nil on the road' -- this is simply not true. If you are driving at or around the speed limit (or not so fast that it becomes a misdemeanor), and are sober -- police have absolutely no probable cause for a search of your vehicle. In OP's case, he should have simply told the officer 'what radar detector?' and refused to allow a search since he had already placed it in a closed compartment (separate from his registration and insurance documents, I hope). At a maximum the LEO can summon K9 units to sniff the exterior of the car for drugs in that situation, but again, we're talking about a radar detector here -- and dogs aren't going to detect that one. I realize that some of us don't have much of an issue with parting with $100 and are generally afraid of LE -- but to me, this is one of those times where its easy to stand your ground and assert your 4th amendment rights.