Abstract
This Note explores the issue of source code discovery by DUI defendants. Part II of this Note examines the case law and statutes used to shield breath testing machines from scrutiny. It examines both the approach taken by Florida and the approaches adopted in other states. Part II also discusses the application of trade secrets protection to the source code of breath testing machines. Part III further examines the problem of source code discovery through the lens of the Confrontation Clause of the Sixth Amendment to the United States Constitution. Finally, Part IV concludes by posing a solution to the problem that more properly balances the important rights of the accused with the trade secrets concerns of the breath testing machine’s manufacturer. Florida should allow a DUI defendant to review the computer source code of a breath test machine if impairment is at issue in the case. Barring that, the state should negotiate for source code access to allow defendants to verify the machine’s accuracy.
Recommended Citation
Charles Short,
Guilt by Machine: The Problem of Source Code Discovery in Florida DUI Prosecutions,
61 Fla. L. Rev.
177
(2009).
Available at: https://scholarship.law.ufl.edu/flr/vol61/iss1/5