State v. Tailo’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because of the strength of the scientific principles on which the radar gun is based, every recent court which has dealt with the question has taken judicial notice of the scientific reliability of radar speedmeters as recorders of speed. See State v. Gerdes, 291 Minn. 353 , 191 N.W.2d 428 (1971); People v. MacLaird, 264 Cal.App.2d 972 , 71 Cal.Rptr. 191 (1968); State v. Tomanelli, 153 Conn. 365 , 216 A.2d 625 (1966); and Annotation, Proof, by Radar or Other Mechanical or Electronic Devices, of Violation of Speed Regulations, 47 A.L.R.3d 822 , 831-35 (1973). These courts have also consistently held that evidence of the accuracy of the particular radar unit is necessary to sustain a conviction for speeding obtained solely by radar. State v. Primm, 4 Kan.App.2d 314 , 606 P.2d 112 (1980); Annotation, Proof, by Radar or Other Mechanical or Electronic Devices, of Violation of Speed Regulations, 47 AL.R.2d [3d] 822, 837-39 (1973). “The accuracy of a particular radar unit can be established by showing that the operator tested the device in accordance with accepted procedures to determine that the unit was functioning properly and that the operator was qualified by training and experience to operate the unit.” State v. Spence, 418 So.2d 583, 588 (La.1982); Gerdes, supra; Primm, supra.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Assaye · State v. Gray

2. “[t]he tuning fork is specially tuned to vibrate at a frequency equal to the Doppler frequency for some set speed stamped into the handle of the fork”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Assaye · State v. Rabellizsa

3. “The scientific principles upon which the radar gun is based are well established. The radar gun is a system which transmits a continuous flow of microwaves on a constant frequency which are reflected back whenever they strike a target. When the target is an approaching vehicle, the speed of the vehicle causes the deflected waves to return on a different and higher frequency than those sent out. A phenomena known as the Doppler effect posits that the faster the vehicle is moving into the radar transmissions, the higher the frequency of the reflected waves received by the radar gun. The radar gun measures the difference in the frequencies of the transmitted wave and the received wave, which enables it to use the Doppler effect to calculate the speed of the approaching vehicle. See Kopper, The Scientific Reliability of Radar Speedmeters, 16 Md. L.Rev. 1 (1956). Because of the strength of the scientific principles on which the radar gun is based, every recent court which has dealt with the question has taken judicial notice of the scientific reliability of radar speedmeters as recorders of speed. See State v. Gerdes, 291 Minn. 353 , 191 N.W.2d 428 (1971); People v. MacLaird, 264 Cal.App.2d 972 , 71 Cal.Rptr. 191 (1968); State v. Tomanelli, 153 Conn. 365 , 216 A.2d 625 (1966); and Annotation, Proof, by Radar or Other Mechanical or Electronic Devices, of Violation of Speed Regulations, 47 A.L.R.3d 822 , 831-35 (1973). These courts have also consistently held that evidence of the ac”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stoa