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In City of Cleveland Heights V

Question 35

Multiple Choice

In City of Cleveland Heights v. Katz, among other allegations, the defendant contended that the tools used to test the calibration of the radar gun in question must themselves have been proven to be in proper operating order before they could be used to determine the accuracy of the radar gun. The reviewing court:


A) stated that the on-board diagnostics that served as the "built-in" testing protocols were sufficient to allow the evidence of the defendant's speeding to be admitted and that external tests were redundant.
B) ruled that in order to prove that a radar unit was working properly, external test equipment must be shown to be in proper working order and the reviewing court reversed the defendant's conviction.
C) upheld defendant Katz's speeding conviction by stating that these kinds of tools have been in wide use for a long time, that police know how to use them, and that too much time has elapsed for their accuracy to be questioned by motorists.
D) held that the external secondary testing equipment used to evaluate the accuracy of a radar speed detection machine did not have to have any certification from the manufacturer concerning the reliability of the test equipment.

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