MSP - Speed Measurement Devices

The Michigan State Police purchase and use both radar (microwave) and laser (infrared) speed measurement devices in their speed measurement enforcement activities.

State of Michigan contracts for the purchase of radar and laser speed measurement devices are secured for the department through the Michigan Department of Management and Budget. The contracts were awarded to several different manufacturers in several different categories. The contracts are made available to local units of government and run through April 30, 2010.

The Michigan State Police currently use a variety of radar devices. Including single and dual antenna units, same direction mode radar and direction sensing radar. The Michigan State Police currently have radar units in approximately 94 percent of its fleet vehicles.

The Michigan State Police use a variety of Laser devices. Laser uses infrared light pulses and is able to be lane- and car-selective because of its small beam width. This makes the device very valuable in high traffic areas.

All law enforcement officers in Michigan must attend and pass the 40-hour Michigan Commission on Law Enforcement Standards (MCOLES) certified radar operator training to use radar in Michigan. All law enforcement officers in Michigan must attend and pass the 4-hour MCOLES-certified lidar operator training to use lidar in Michigan. This lidar training is designed to be a supplement to radar operator training completed by each candidate beforehand.

Additionally, all radar and lidar devices used in Michigan must comply with the International Association of Chiefs of Police (IACP)standard to be certified and appear on the IACP Consumer Products List (CPL). All devices received from the manufacturer must be accompanied by a "Certificate of Compliance for use in the State of Michigan" or the device cannot be used for speed enforcement activities.

The Michigan Court of Appeals in People vs. Ferency 133 MICH. APP 526 - 1984 ruled that in order to avoid any violation of due process rights of a defendant in a speeding case involving "moving" radar, seven guidelines must be met in order to allow into evidence speed readings from a radar speed measurement device:

1.	The officer operating the device has adequate training and experience in its operation.
2.	The radar device was in proper working condition and properly installed in the patrol vehicle at the time of the issuance of the citation.
3.	The radar device was used in an area where road conditions are such that there is a minimum possibility of distortion (spurious readings).
4.	The input speed of the patrol vehicle was verified. This also means that the speedometer of the patrol vehicle was independently calibrated.
5.	The speedmeter (radar) is retested at the end of the shift in the same manner that it was tested prior to the shift and that the speedmeter (radar) be serviced by the manufacturer or other professional as recommended.
6.	The radar operator is able to establish that the target vehicle was within the operational area of the beam at the time the reading was displayed.
7.	The particular unit has been certified for use by an agency with some demonstrable expertise in the area.

Although the Michigan Court of Appeals ruling in PEOPLE vs. FERENCY deals with the adjudication of a case involving traffic radar, the Michigan Speed Measurement Task Force is of the opinion that the ruling can be applied to cases involving laser speed measurement devices. The interim guidelines for adjudicating speeding cases involving laser speed measurement devices that have been developed by the Michigan Speed Measurement Task Force reflect this opinion: