Scanner Laws while traveling?

Any information on how to store a scanner in a SUV while traveling through states where there use it illegal? I got nailed back in the 80s for having a scanner under the drivers seat (off and in the box!) It was confiscated and I was fined over $300 by a NJ State police officer! He said even though it was off it was still against the law? I am taking a 996p2 and a newly acquired BCD436HP On a long vacation across the southern US and back across the northern states, I do not want to risk a repeat of the past issue the 2 scanners cost about $1000.00 combined! Do I have to have them out of reach or do I need to secure them in something? So a over zealous officer can't confiscated them? Thanks

You probably could have beat that if you had fought it in court.

Don't get stopped, and if you do, don't give the officer probable cause to search (don't do anything stupid, or have evidence of illegal activity in plain sight). Not giving permission to search your vehicle does not give the officer probable cause to search.

I don't plan on doing anything stupid when I was stopped in the 80s they made probable cause up! All they have to do is say something looked suspicious!!! Like the "you touched the center line" is a common reason NJ uses to give cause to stop someone they have no other legitimate reason to stop you for! Now don't get me wrong I have a direct Family member whose a LEO in NJ he told me the ways some officers use the grey areas of the law to get away with questionable stops and searches, (I have the utmost respect for Law enforcement but they are human and some are not nice people) I was only 18 when the incident happened so I was ignorant to my rights back then, I was asking what everyone does here to protect themselves from risks of a LEO working in the Grey area! Trust me if it happens again I will be going to court! I just want to make sure I have my equipment secured in a way that they can't win a fight in court! Having a GMC Yukon posses a special issue No Trunk so I can't put it in a separate compartment everything is inside the passenger area! Sure I can put it behind the Third row seat! I know I'm being a bit cautious but After what happened to me before I think being paranoid is normal.

My vacation is based on Photography so I will probably attract some attention I'm going to be looking for photographic opportunities stopping a lot basically looking suspicious with no Ill intention I will be researching the laws in each of the areas I will pass through but those that have strict laws are what I'm concerned about!

saboken said:

My vacation is based on Photography so I will probably attract some attention I'm going to be looking for photographic opportunities stopping a lot basically looking suspicious with no Ill intention I will be researching the laws in each of the areas I will pass through but those that have strict laws are what I'm concerned about!

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See
https://www.zipscanners.com/resources/are-police-scanners-legal/ and note exceptions if an amateur radio operator.

Also, you probably want to not the following if you have not:
http://www.krages.com/ThePhotographersRight.pdf
I have had a neighbor threaten me for carrying a camera (not even taking pictures) in my own front yard.

I'm not sure what to tell you on that, other than to put the scanners in the back of the SUV, out of reach of you and any passengers. In theory, an area close to the driver and passenger is an area that would be of most concern for a LEO and be the primary concern for any search. And do your best not to get pulled over in the first place. Stay on your side of the yellow line, don't go 10 mph over the speed limit, don't stop in emergency-only stopping lanes to take your pictures, etc.

Moved from the Live Audio forum since this is not a Live Audio question.

Simple solution for many areas-get a ham license. The Technician test is not that hard, and a dual band radio can be useful on a long trip.

jaspence said:

Simple solution for many areas-get a ham license. The Technician test is not that hard, and a dual band radio can be useful on a long trip.

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An over zealous cop, or prosecuting attorney, could conceivably argue that a ham radio license prevents you from being cited for having a ham radio with incidental out of band coverage, as pretty much every ham radio today does, but doesn't prevent you from being cited for having a seperate scanner radio in your possession as well. They may or may not win in court, but most out of state visitors aren't going to stay in or return to that state past their original planned time there.

If I can consider that possibility, then an over zealous cop could conceivably consider that just as well.

And yes, I also respect most LEO's, and have had friends who were LEO's, but some push the envelope into that grey area when enforcing laws.

Just something to consider. Our ham license may not be the get out of jail free card in states with anti-scanner laws that some of us think it is.

John
Peoria, AZ

Most states that ban mobile scanning, make exemptions if one has a ham license. This applies not just to a ham radio but also to scanners. This is because many hams use scanners in storm spotting, and emergencies. My state specifically exempts scanners in a mobile if user is a licensed amateur.

I simply boycott any and all states that violate my rights like i'm a Nazi prisoner.
.........
Decades back i was harassed in Virginia for having a radar detector in my possession.
.........
I simply boycotted Virginia and haven't spent a dime there ever since.
......

I've driven through four of the five states at the zipscanners site with scanners in my car and running.

In Kentucky, a Ham license will protect you. At least according to the statute.
Florida has similarly broad language in it's statute.
Indiana law seems to be part of the statute on impersonating an police officer, but again, exempts people with Ham licenses.
New York is New York, and while the statute exempts people with Ham licenses it only exempts equipment that only operates on Ham frequencies.
Minnesota exempts Ham licensees unless you have been convicted of a crime of violence within the past 10 years.

As others have noted, the best tactic is to avoid getting stopped by the police. Which is fairly simple if you don't drive like a maniac.

The best tactic if someone confronts you about taking pictures or video is to put the picture or video on Facebook, along with the name of the person who harassed you. :twisted:

dlwtrunked said:

See
https://www.zipscanners.com/resources/are-police-scanners-legal/ and note exceptions if an amateur radio operator.

Also, you probably want to not the following if you have not:
http://www.krages.com/ThePhotographersRight.pdf
I have had a neighbor threaten me for carrying a camera (not even taking pictures) in my own front yard.

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That's why I live in Michigan, where you can carry a gun AND a scanner, even at the same time, on you and/or in your vehicle, openly and/or concealed.

Freedom is a wonderful thing that I'm not willing to give up. I'm an American after all!

NY's top court has ruled that a portable scanner satisfies the definition of "equip" in the V&T, so it is now settled law in this state that a receiver does not have to be connected to the car in any way to be in violation.

I recommend keeping the scanner in an area of the car that is not accessible to passengers while the car is being operated on the road. Then at least you have an affirmative defense. As others have mentioned, whether or not you are stopped or cited really comes down to what the officer believes at the time of the encounter. It's not really worth showing documentation or articles to the officer at the curb. Keep calm and fight it in court (hmmm, sounds like a great meme).

New York State and Florida seem to act stupid as it pertains to scanner's.

Be safe

is there anyplace, on the internet, telling which states allow you to have a scanner in your automobile legally?
would hate to only use the radio when i am in a home / motel

found an internet site to answer my (ABOVE) question.
https://www.zipscanners.com/resources/are-police-scanners-legal/

"Any information on how to store a scanner in a SUV while traveling through states where there use it illegal? I got nailed back in the 80s for having a scanner under the drivers seat (off and in the box!) It was confiscated and I was fined over $300 by a NJ State police officer!"

Two questions: how did the trooper find the radio "under the seat" and not in "plain view"?
Second: How does a cop "fine" you for a violation without going to court?

This is very timely thread, considering what we just read in another thread, here, ESPECIALLY for New York residents and travelers:
https://forums.radioreference.com/n...scanner-vehicle-violates-vtl.html#post2852818

As an aside, something has got to be said about drivers who think they "have nothing to hide" and allow a cop to go on a fishing expedition in your car. If they want to find something, they will. When the cop tries to intimidate you into letting him search your car with off-the-wall threats, one word, "no," can put a stop to their borderline illegal activity. Often I see cops doing searches of cars on the side of the road, and the driver and any occupants are NOT in handcuffs, indicating that they are NOT under arrest.

If they are not under arrest for something that the cop LAWFULLY observed in plain view (and not under the driver's seat), then there's no reason to search the car.

I would just keep the scanners boxed and out of sight in your vehicle, and, don't give the cops a reason to stop you. Several years ago, I was stopped for speeding on a local road by Sheriff's deputies. They wrote the ticket and sent me on my way. Thankfully, they didn't ask to search the car. I had totally forgotten that I had multiple bottles of controlled substances in my glove compartment that belonged to a friend. I had removed them from their house as they had previously attempted suicide, and were again exhibiting suicidal thoughts. Every time I think of how much trouble I could have been in, I almost pee my pants! The moral of the story is, don't worry about your scanners!

To answer ten13 question! I just left PA and had the newly purchased scanner under the seat it was supposed to be a gift for my grandmother! I lived in the Lehigh valley PA she lived in Elizabeth NJ I had just crossed the Delaware river in to NJ on RT 22 as soon as I passed through Philipsburgh Nj I was stopped by a State trooper! (Why? He said I touched the yellow line, i was out of state) He was looking through the car with his flashlight while asking where I was coming from and where I was going! Now I was driving a Red Avis rental (my car was having trouble) I told him the truth about what I was doing and he saw the bag sticking out from under my seat! So he asked to know what was in the bag! I told him the truth (I'm not going to lie and make things worse) and he told me to get out if the car ! He then retrieved the bag and told me it was ilegal then gave me a $300 ticket for Unauthorized Possession of a short-wave radio without a license! And confiscated it ! Does that answer your question??? On how I could get a fine without going to court!!! Do you need to go to court to get any tickets from a police officer??? No you go to court to fight them!!!! I was young and did not have the money to fight them and didn't know exactly what my rights we're in NJ! NJ is a strange state! In Pa A BB gun is a toy but NJ requires a Handgun permit or you will pickup a felony gun charge! I am asking before my trip because the laws in this country vary so much and what's innocent in the eyes of the law in one state could ruin your life in another!!! Ignorance of the law is now excuse for the law and that is what any court will tell you!!! We don't live in the United States of America we live in the Divided State's of America! Many areas violate federal laws with rules that are ilegal! Look at marijuana! It's a federal law but some states ignore that law! I don't have time to pay a lawyer or get caught up in some BS with law enforcement! That's not my ideal vacation!