MS 2025-08-C-Sims-August-25-2025-Mississippi-Code-Annotated-Section-63-3-519 August 25, 2025

Can a Mississippi sheriff or county use LIDAR, camera-based speed detection, or other non-radar speed devices, given that Section 63-3-519 limits 'radar' to certain agencies?

Short answer: No. Section 63-3-519 prohibits all speed detection devices outside the Mississippi Highway Patrol and the specific municipalities listed in subsections (a) through (d), not just radar. AG opinions going back to 1993 (Ewing) read the statute to cover laser/LIDAR (Chism), VASCAR (Magee), and similar technologies.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

Forrest County Sheriff Charlie Sims asked whether Section 63-3-519, which bans "radar speed detection equipment" outside the Mississippi Highway Patrol and a few categories of municipalities, applies only to radar devices or also to non-radar technologies like LIDAR, camera-based systems, or other digital or optical instruments. He also asked whether the legislature would have used technology-neutral language if it had meant to cover everything, and whether municipalities or law enforcement agencies should be allowed to use non-radar speed detection that complies with applicable laws.

The AG's answer was direct and brief: the AG has consistently read Section 63-3-519 to prohibit all devices for detecting the speed of automobiles, not just radar specifically. The 1993 Ewing opinion said: "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." Subsequent opinions have applied this:

Chism (Mar. 9, 1994): laser speed detection devices fall within the prohibition.
McFatter (May 31, 2002): the legislative intent is to prohibit speed detection devices by agencies not authorized to use them.
Magee (Oct. 21, 2005): "any type of radar speed detection equipment" includes VASCAR.

The exception (Sollie, Jan. 23, 2001) is "pacing": a law enforcement officer in a patrol vehicle can pace a violator and enforce the posted speed limit without violating Section 63-3-519. Pacing does not use a "device" in the statutory sense.

The AG declined to answer Sheriff Sims's second question (about how the legislature might have written the statute) because Section 7-5-25 limits the AG to prospective questions of state law and does not allow speculative legislative-intent analysis.

For the third question (should municipalities or law enforcement agencies be allowed to use non-radar speed detection), the AG referred back to the answer to question one: under current law, they cannot, unless they fall within one of the exceptions in Section 63-3-519(a) through (d).

Section 63-3-519's exceptions allow speed detection equipment use by:
- (a) Municipal law enforcement officers within a municipality with population of 2,000 or more (no use if the latest census population is less than 1,500).
- (b) College or university campus police forces within campuses with more than 2,000 students enrolled.
- (c) Municipal law enforcement officers in any municipality with a population in excess of 15,000 on federally designated highways within the corporate limits.
- (d) Municipal law enforcement officers upon the public streets of incorporated municipalities where the county seat is located in the municipality and there is a public community college located in the municipality.

So the rule is: only the Highway Patrol plus those four categories of municipal/campus law enforcement can use any speed detection device. Counties (sheriffs and deputies) generally cannot, regardless of whether the device is radar, LIDAR, VASCAR, camera-based, or anything else that detects vehicle speed. The exception is pacing.

What this means for you

For sheriffs and county law enforcement

You cannot use radar, LIDAR, VASCAR, camera-based speed enforcement, or any other electronic or optical speed detection device. Your only enforcement tool for speed limits is pacing in your patrol vehicle. The 1993 Ewing opinion and successive opinions are clear, and this 2025 opinion reaffirms them.

If a vendor pitches a non-radar speed enforcement system as "compliant with state law," do your legal homework. Get a written legal opinion before adopting any speed detection technology in a county sheriff's office. The AG opinions consistently say no.

For municipal law enforcement

Check your municipality's eligibility under Section 63-3-519(a)-(d). Population thresholds matter. If your municipality is between 1,500 and 2,000, you cannot use speed detection equipment under (a) (which requires a population of 2,000+, with no use if population is below 1,500). If your municipality is below 15,000, you cannot enforce speed on federally designated highways within your limits using these devices under (c). Verify against the latest federal census.

If you do qualify, follow the notification rule for municipal law enforcement on federally designated limited-access highways: notify the Mississippi Highway Safety Patrol of any road blockages or emergencies on those highways within your corporate limits.

For drivers

The Mississippi speed enforcement framework is unusual. Outside Highway Patrol and certain municipalities, your speed is being checked by an officer pacing you in a patrol vehicle, not by radar or other detection technology. If a sheriff's deputy ticketed you using radar, LIDAR, or VASCAR, the citation may be subject to legal challenge. Consult counsel.

For state legislators

If the policy goal is to allow more local law enforcement to use modern speed detection technology, that requires a statutory amendment. Section 63-3-519 has been read consistently for over 30 years to prohibit all speed detection devices outside the listed categories. Any expansion needs explicit legislative action. The AG opinion explicitly declined to engage in legislative-intent speculation about what the statute "could have said."

For municipal attorneys

This opinion is a clean citation when local law enforcement asks about non-radar enforcement options. Walk them through Section 63-3-519's exceptions and confirm whether the municipality qualifies. If not, the answer is pacing only.

Common questions

Can my sheriff's office use radar?
Generally no. Section 63-3-519 limits radar (and other speed detection devices) to the Mississippi Highway Patrol and certain municipalities. Counties are not on the list.

Can a sheriff use LIDAR, since LIDAR is technically not radar?
No. The 1994 Chism opinion explicitly held that laser (LIDAR) devices fall within the prohibition. The statute targets all speed detection, not the specific technology.

Can a sheriff use VASCAR (which calculates speed from time-and-distance)?
No. The 2005 Magee opinion treated VASCAR as covered by "any type of radar speed detection equipment" within the meaning of Section 63-3-519.

What is the only way for a sheriff to enforce speed limits?
Pacing the vehicle in a patrol car. The 2001 Sollie opinion confirmed this. Pacing is not a "device" within the statute.

My municipality has 1,800 residents. Can we use radar?
No. Section 63-3-519(a) authorizes radar for municipalities with a population of 2,000 or more, but specifically prohibits it where the latest federal census shows less than 1,500. The threshold is 2,000 to enable use, with a floor of 1,500 below which use is barred. The 1,500-2,000 range is unauthorized but not specifically barred under the floor; the safer reading is that use is unauthorized below 2,000.

Can our municipal police use radar on a federal highway through our city?
Only if your municipality has a population over 15,000 (Section 63-3-519(c)) or fits the county-seat-with-community-college category (Section 63-3-519(d)).

Can a college campus police force use radar?
Yes, if the campus has more than 2,000 students enrolled (Section 63-3-519(b)).

Background and statutory framework

Section 63-3-519:

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.

The AG has consistently read "any type of radar speed detection equipment" broadly. The Ewing opinion (Feb. 10, 1993): the intent is to prohibit "all devices for the detection of the speed of automobiles, not just those which use emission of electronic waves." Subsequent opinions extended that to LIDAR (Chism, Mar. 9, 1994), VASCAR (Magee, Oct. 21, 2005), and similar technologies.

The Sollie opinion (Jan. 23, 2001) carved out pacing: an officer pacing a violator in a patrol vehicle is not using a "device" within the statute's meaning.

Section 7-5-25 limits AG opinions to prospective questions of state law. The AG declined to engage in speculative legislative-intent analysis about how the statute might have been written differently.

Citations

Miss. Code Ann. § 63-3-519 (speed detection equipment restrictions and exceptions)
Miss. Code Ann. § 7-5-25 (scope of AG opinions; prospective only)

Source

Original opinion text

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.

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.").
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