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Enforcement Workshop - Detective McFadden Goes Electronic

NCJ Number
88273
Journal
Criminal Law Bulletin Volume: 19 Issue: 2 Dated: (March/April 1983) Pages: 162-167
Author(s)
J J Fyfe
Date Published
1983
Length
6 pages
Annotation
Absent any hope that some future legislation will make the handgun problem go away, attention has recently turned to the more modest goal of identifying through technological means those in illegal possession of handguns.
Abstract
Although the current state of the art of electronic handgun detection has not yet produced devices capable of distinguishing between handguns and other metallic objects, there is evidence that the technology will eventually provide devices that can reliably and unobtrusively detect concealed handguns at a distance. The only persons who would be materially inconvenienced by such devices would be those in possession of concealed handguns in locations in which handguns are used relatively often for criminal purposes. There are grounds upon which to argue that the use of highly refined electronic devices to detect handguns differs substantially from the electronic overhearing devices condemned by the Supreme Court in Katz v. United States (1967). Furthermore, like electronic speed limit enforcement equipment, electronic handgun detection will involve the use of extraordinary means to identify those violating the law in public places. Implementation of detection devices would pose numerous problems and would be of questionable evidentiary value in court proceedings. Nevertheless, constitutional privacy issues should not prohibit their development, and the practical aspects of their use should be considered now. The article provides 16 footnotes.

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