Chasing a Police Scanner: Police Calls in New York City

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bezking

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Oh man... I can only wonder how many people are now going to think that responding to calls you hear is OK. It's one thing if a journalist does it but it's really not OK for citizens to chase calls like that...

(Nice Bearcat though :D and I like how they ended the video with that MDC squawk)
 

kd7gxu

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Cool video

I liked that video. It reminded me of the Spiderman movie when Peter Parker was hanging out at his apartment listening to the scanner. Just curious though, aren't scanners illegal in cars in New York?
 

N0BDW

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I liked that video. It reminded me of the Spiderman movie when Peter Parker was hanging out at his apartment listening to the scanner. Just curious though, aren't scanners illegal in cars in New York?

Yes, but not if you have an amateur radio license, unless you are in the city of Rochester (in which case you need some special permit from the chief of police).
 

mike4164

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Scanners are ILLEGAL in cars in NYS unless you have a special permit from an authorized agency that issues them. An amatuer radio license does NOT allow you to have a scanner in a car in NYS. Check the NYS VTL statute 397 I believe for the law on scanners in NYS vehicles.
 

mike4164

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Also the scanner they have on their dashboard is not a mobile scanner,it is a base model.It is illegal in NYC to chase calls unless you have a press pass issued by the NYPD,even with that if you break the law while going to the call you will most likely get at least a summons and have your press pass revoked.As for the rest of NYS I would assume it is the same when it comes to chasing calls,illegal.Check with your local police agaency before you do anything like that.Also a press pass does not allow you to cross police lines at a scene even though some people think they can,but it is illegal as well and you can be arressted for it too. It is a misdemeaner in NYS and depending on the scene it can become a felony,depends on the PD.
 

N0BDW

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Scanners are ILLEGAL in cars in NYS unless you have a special permit from an authorized agency that issues them. An amatuer radio license does NOT allow you to have a scanner in a car in NYS. Check the NYS VTL statute 397 I believe for the law on scanners in NYS vehicles.

Not true.
New York Scanning Laws


Also the scanner they have on their dashboard is not a mobile scanner,it is a base model.It is illegal in NYC to chase calls unless you have a press pass issued by the NYPD,even with that if you break the law while going to the call you will most likely get at least a summons and have your press pass revoked.As for the rest of NYS I would assume it is the same when it comes to chasing calls,illegal.Check with your local police agaency before you do anything like that.Also a press pass does not allow you to cross police lines at a scene even though some people think they can,but it is illegal as well and you can be arressted for it too. It is a misdemeaner in NYS and depending on the scene it can become a felony,depends on the PD.

Also, my intentions are not to chase calls. In fact, I'd just as soon be as far away from them as possible unless directed otherwise. I have no desire to cross police lines unless absolutely necessary, and in those cases I do have credentials (issued by the OEM) to do so.

The letter of the law:
Section 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on frequencies allocated for Police use. A person, not a police officer or peace officer, acting pursuant to his special duties, who equips a motor vehicle with a radio receiving set capable of receiving signals on frequencies allocated for police use or knowingly uses a motor vehicle so equipped or who in any way knowingly interferes with the transmission of radio messages by the police without having first secured a permit so to do from the person authorized to issue such a permit by the local governing body or board of the city, town or village in which such person resides, or where such person resides outside of a city or village in a county having a county police department by the board of supervisors of such county, is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.

via http://www.health.state.ny.us/nysdoh/ems/pdf/srgvat.pdf
emphasis mine.
 
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Confuzzled

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Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.


Sorry, but the bolded parts seem to exclude scanners while allowing HAM transceivers that just happen to include some Public Safety frequencies.
 

RadioDaze

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Wow, that was just like an episode of Cops on.... something... steroids? No... something that does the opposite... oh yeah: tranquilizers!

That ought to boost mobile use of scanners in NY.
 

N0BDW

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Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.


Sorry, but the bolded parts seem to exclude scanners while allowing HAM transceivers that just happen to include some Public Safety frequencies.

Perhaps we should continue this in either the general scanning forum, or the NY forum?
 

mike4164

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NOBDW,You need to re-read the law and understand it. Amatuer radio operators are allowed to have radios in their vehicles,NOT SCANNERS. If you are unclear on the law I suggest you take it to the NYS Police and they will explain it to you very clearly. I have already checked with them as well as my uncle who is a NYS judge and the way the law is written does not let amatuer radio operators monitor police transmissions on a radio in a vehicle in NYS.I have been using scanners for 28 years in public safety and I have checked with the NYS PD as well as other police agaencies thruout the state on the law. I grew up in NYC and have friends who work for the press there as well and they will tell you the same thing. There was an article a few years ago in a scanner magazine about an amatuer radio operator in NYS who had his radio removed from his vehicle by a local police agaency and the judge fined him and refused to give him the radio back because he was monitoring police transmissions even with an amatuer radio operators license.Like I said,go to the NYS PD and ask them,they will be more than happy to explain it to you.
 

radioman2001

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I would like to see that action, can you provide details. Namely person and dates and juristriction. Since the FCC frowns upon anybody who interferes with a Federally licensed entity or person. There are and I would have to look for them again provisions in the Comm act of 1934 that specifically addresses local interference of said licensed users. Local agencies cannot in any way interfere in the use of Federally licensed radio's. That's been show time and time again in court. That individual just didn't talk to the right people, namely the Feds and if an amatuer operator the ARRL. Amatuer radios are out of the local's enforcement juristriction.
At one time in NY ( late 70's early 80's) they tried to use the same laws, and I use that term loosely to prevent the use of radar detectors by drivers. In a court case brought against NYS in Federal court, after NYS found that individual guilt of voilating the scanner provision, the FCC said that Comm act of 1934 specifically states that NYS had no juristriction to limit use of radio receivers, ONLY the FCC and the US Congress could do that. Case dismissed, and that's why there is no law against radar detectors in NYS.
I do know how the law reads, and all it would take is some one with enough balls to challenge it in Federal court. I threathend to in 1976, and my case was dismissed quite quickly.
 

N0BDW

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NOBDW,You need to re-read the law and understand it. Amatuer radio operators are allowed to have radios in their vehicles,NOT SCANNERS. If you are unclear on the law I suggest you take it to the NYS Police and they will explain it to you very clearly. I have already checked with them as well as my uncle who is a NYS judge and the way the law is written does not let amatuer radio operators monitor police transmissions on a radio in a vehicle in NYS.I have been using scanners for 28 years in public safety and I have checked with the NYS PD as well as other police agaencies thruout the state on the law. I grew up in NYC and have friends who work for the press there as well and they will tell you the same thing. There was an article a few years ago in a scanner magazine about an amatuer radio operator in NYS who had his radio removed from his vehicle by a local police agaency and the judge fined him and refused to give him the radio back because he was monitoring police transmissions even with an amatuer radio operators license.Like I said,go to the NYS PD and ask them,they will be more than happy to explain it to you.

A scanner, by definition, is a radio. I'd fight this one all the way through the courts.
 
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