Our judges recently invited us to a presentation on the SCRAM program (which is the ankle monitor that detects the presence of alcohol via skin contact). In discussing the extent to which such a program would/should be used in our county, the question came up whether the SCRAM has ever been tested in Court. The administrators told us that San Antonio had a recent case involving admissibility and that it was potentially going up on appeal, but couldn't give us specific information. Do many/most of your jurisdictions use this, and if so, have you had to prove it up in Court?

Anyone from San Antonio know about a case on appeal?

Anyone have a pending appeal involving scientific validity of SCRAM devices?

So far, we've had defendants sign a stipulation at the time they plea wherein they agree that the scientific theory of SCRAM is valid and that the technique by which it is applied in general is valid. The stipulation also recites that it (the stipulation) will apply for all future proceedings (i.e. MTR's). The only issue remaining for a rule 702 objection is whether the technique was applied properly in the particular case. Does anyone foresee any difficulties with this stipulation in general or with carrying a stipulation forward from the original plea to a future MTR proceeding? Anyone know of any cases that may help shed some light on this issue? I'm having a hard time figuring out a good query for Westlaw.

SCRAM is only available in Urban settings. In Rural counties you have to rely on a smaller company who's product name is 'GIT!'. The upgraded model includes an octogenarian hermit perched outside the local watering hole to discourage probationers from imbibing within the premises.

On a related note, GIT! has a new product line for trailer-park arrests as a part of probation dubbed: STAKE! Mostly it involves a steel pole, a tether similar to a 'come-a-long', and a belly chain. The chain has an optional hook available for defendants with abnormal body piercings, but we never tried that option so, I couldn't comment on the pad-lock feature.