Three judges on the federal 10th Circuit Court of Appeals upheld the search, and [Steven] Denson's conviction, on other grounds. Still, the judges wrote, they had "little doubt that the radar device deployed here will soon generate many questions for this court."We checked with the Colorado Springs Police Department about using this technology, and got this response from Sgt. Joel Kern, department spokesman: "We don't have the money for that!"
But privacy advocates said they see more immediate questions, including how judges could be surprised by technology that has been in agents' hands for at least two years. "The problem isn't that the police have this. The issue isn't the technology; the issue is always about how you use it and what the safeguards are," said Hanni Fakhoury, a lawyer for the Electronic Frontier Foundation.