C. Sims - August 25, 2025 - Mississippi Code Annotated Section 63-3-519

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 August 25, 2025 The Honorable Charlie Sims, Sheriff Forrest County Sheriff’s Office Post Office Box 747 Hattiesburg, Mississippi 39403 Re: Mississippi Code Annotated Section 63-3-519 Dear Sheriff Sims: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. Does Mississippi Code Annotated Section 63-3-519, by its plain language, apply exclusively to radar speed detection devices, or can its prohibitions reasonably be extended to include other non-radar technologies such as LIDAR, camera-based systems, or other digital or optical instruments? 2. If the legislature intended to prohibit all forms of automated or remote speed detection, would such intent not have been more clearly stated through inclusive or technology- neutral language? 3. Should municipalities or law enforcement agencies be permitted to use speed detection systems that do not rely on radar technology, provided their use otherwise complies with applicable laws and constitutional protections? Brief Response 1. This office has consistently opined that “the intent of § 63-3-519 is to prohibit the use of all devices for the detection of the speed of automobiles, not just those which use emission of electronic waves.” MS AG Op., Ewing at *1 (Feb. 10, 1993). 2. This question is outside the scope of an official opinion. 3. Please see response to question one. Sheriff Charlie Sims August 25, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Applicable Law and Discussion Section 63-3-519 provides: It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state. However, such equipment may be used: (a) By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more according to the latest or a previous federal census upon the public streets of the municipality, but in no case where the latest federal census population for the municipality is less than one thousand five hundred (1,500); (b) By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled; (c) By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits. (d) By municipal law enforcement officers upon the public streets of any incorporated municipality (i) where the county seat is located in the municipality and (ii) where there is a public community college located in the municipality. The Mississippi Highway Safety Patrol shall be immediately notified by municipal law enforcement of any road blockages or emergencies occurring on any federally designated limited-access highways lying within the corporate limits. Miss. Code Ann. § 63-3-519 (emphasis added). This office has consistently opined that “the intent of § 63-3-519 is to prohibit the use of all devices for the detection of the speed of automobiles, not just those which use emission of electronic waves.” MS AG Op., Ewing at *1; see also MS AG Op., Chism at *1 (Mar. 9, 1994) (“[L]aser speed detection devices fall within the prohibition of radar speed detection equipment in § 63-3- 519.”); MS AG Op., McFatter at *1 (May 31, 2002) (“[T]he legislative intent of Section 63-3-519 is to prohibit the use of speed detection devices by those agencies not authorized to use them.”); MS AG Op., Magee at *1 (Oct. 21, 2005) (“The statute references ‘any type of radar speed detection equipment’ which would include VASCAR.”); but see MS AG Op., Sollie at *1 (Jan. 23, 2001) (regarding Section 63-3-519 and stating “a law enforcement officer may enforce the posted speed limits by pacing a violator in his patrol vehicle.”). Sheriff Charlie Sims August 25, 2025 Page 3 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Regarding your second question, Section 7-5-25 allows this office to opine upon prospective matters of Mississippi law only. Accordingly, we cannot answer this question as such answer would be speculative and outside the scope of Section 7-5-25. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General