From Bruce Schneier’s “DUI Cases Thrown Out Due to Closed-Source Breathalyzer“:
According to the article: “Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test’s manufacturer will not disclose how the machines work.”
This is the right decision. Throughout history, the government has had to make the choice: prosecute, or keep your investigative methods secret. They couldn’t have both. If they wanted to keep their methods secret, they had to give up on prosecution.
People have the right to confront their accuser. People have a right to examine the evidence against them, and to contest the validity of that evidence.