LEGAL INFO NEEDED

STROKINV8 · #1 (**permalink**) 10-26-2004, 02:43 PM

OK ? IS IT LEGAL TO MONITOR POLICE ACTIVITY ,IN TEXAS ON A SCANNER ,,AND ALSO IS IT LEGAL TO RECORD INFO HEARD ON THE SCANNER,,AND MONITORING LAPEL (BODY MICS) ON THE OFFICERS WHEN THEY ARE OUT OF THE CAR ON A CRIMINAL AND ALSO IF IT IS LEGAL TO RECORD THAT ,,WHEN IN FACT THEY ARE IN A PUBLIC PLACE ?

UPMan · #2 (**permalink**) 10-26-2004, 03:39 PM

1. Take a deep breath.

2. Turn off your caps lock. :shock:
3. :arrow: http://www.afn.org/~afn09444/scanlaws/ has a good summary of state and federal scanning laws.

In general, in Texas it is not illegal to monitor clear comms unless you are doing so to aid in an illegal activity.

STROKINV8 · #3 (**permalink**) 10-26-2004, 05:21 PM

What about the recording of information,not intended for illegal activity ,ok here is the situation ,i am a local wrecker service ,,and have came to a problem along with some other wrecker services ,there is some officers playing favorites to another company ,example there is a wreck ,,and the officer asks the people involved if they have a prefernce for a wrecker and they say no ,,we usually place a chip in a hat ,and who ever comes out gets it the tow,,but what is going on ,in some cases ,,the officer says that the person involved in the wreck requested (such and such company )when in fact they never did make a specific request ,,and it has been monitored before by some companies,so we know its actully happening,,but to have evidence would be great to make a presentation to someone at a higher level.,,any help would be great

KCChiefs9690 · #4 (**permalink**) 10-26-2004, 05:30 PM

yes, still legal. Just dont use it to aid in a crime

Colin

mlevin · #5 (**permalink**) 10-26-2004, 05:35 PM

Ummmm, the FCC says don't use the scanner for personal gain. This sounds like personal gain to me

I could be wrong though...

jbstahr · #6 (**permalink**) 10-26-2004, 05:44 PM

Quote:

Originally Posted by STROKINV8

What about the recording of information,not intended for illegal activity ,ok here is the situation ,i am a local wrecker service ,,and have came to a problem along with some other wrecker services ,there is some officers playing favorites to another company ,example there is a wreck ,,and the officer asks the people involved if they have a prefernce for a wrecker and they say no ,,we usually place a chip in a hat ,and who ever comes out gets it the tow,,but what is going on ,in some cases ,,the officer says that the person involved in the wreck requested (such and such company )when in fact they never did make a specific request ,,and it has been monitored before by some companies,so we know its actully happening,,but to have evidence would be great to make a presentation to someone at a higher level.,,any help would be great

Generally speaking, most departments keep an "on call" list for tow companies in their specific jurisdiction. An officer needing a tow would ask for the next company in the rotation. In this manner, the tow's are evenly assigned from the list in order. If an owner makes a specific request for a certain company, the officer would then request that tow to be dispatched. Even if the officers are "playing favorites", you wouldn't hear anything about it on the air. You would have to actually be at the scene to know if this is taking place. Lets suppose you heard something on the air? There isn't really a crime there. At most, its a violation of department policy. I know where you're coming from, but don't think you'll find much sucess. Good Luck.

N_Jay · #7 (**permalink**) 10-26-2004, 05:54 PM

Quote:

Originally Posted by STROKINV8

What about the recording of information,not intended for illegal activity ,ok here is the situation ,i am a local wrecker service ,,and have came to a problem along with some other wrecker services ,there is some officers playing favorites to another company ,example there is a wreck ,,and the officer asks the people involved if they have a prefernce for a wrecker and they say no ,,we usually place a chip in a hat ,and who ever comes out gets it the tow,,but what is going on ,in some cases ,,the officer says that the person involved in the wreck requested (such and such company )when in fact they never did make a specific request ,,and it has been monitored before by some companies,so we know its actully happening,,but to have evidence would be great to make a presentation to someone at a higher level.,,any help would be great

NOTE: NOT LEGAL ADVICE (That said)

Recording is probably not a problem, DISClOSING, is.

So what is the use of recording if you are not going to disclose the conversation.

You would have to confront the officer directly.

STROKINV8 · #8 (**permalink**) 10-26-2004, 06:21 PM

ok with the evidense in hand ,,would it be ok to confront the officer and let him know that u know what is going on,,and u want something done about it

crashcrew · #9 (**permalink**) 10-26-2004, 06:48 PM

How about consulting an attorney and getting a real legal opinion?? Wow what a concept.

Unitrunker · #10 (**permalink**) 10-26-2004, 06:49 PM

A couple of stories related to wreckers and police. Both happened in Houston, Texas in the late 90s.

1. An HPD officer made the local news when a certain investigative reporter discovered that the officer - whose last name was Parker - also ran a towing service. The TV spot featured a camera shot of the tow truck with the officer's last name painted on the door. The officer quickly got out of the towing service business.

2. A local entrepreneur - last name Morales - decided to even the playing field for wrecker drivers by offering a reporting service. He would intercept the HPD's MDT messages to determine when and where a wrecker was needed. Wrecker drivers could subscribe to the service - at least until someone pointed out that this violated the ECPA and Texas State Law.

-rick

BTW, nice looking Cardinal, KC !

mlevin · #11 (**permalink**) 10-26-2004, 06:54 PM

Quote:

Originally Posted by STROKINV8

ok with the evidense in hand ,,would it be ok to confront the officer and let him know that u know what is going on,,and u want something done about it

Confronting an officer on scene, is probably at the least a good way to get some people pretty annoyed with you, and at the most your butt in jail. I would let an attorney handle the situation with the higher ups of the departement. Confronting a beat officer can only be detrimental to your cause.

HabboX · #12 (**permalink**) 10-26-2004, 07:02 PM

Geez, you must be in Houston/Harris County. They have the stupidest rules there for tow truck drivers. Wrecker trucks must be racing at break-neck speeds to every crash scene so that they can get their chip into the pot.

Yes, you can legally record the police radio transmissions.

No, you cannot legally record the wireless microphone audio unless you are an actively involved participant in the conversation.

No, I wouldn't confront an officer about it.

If you want my advice; find a job other than being a wrecker driver in Houston/Harris County. In my opinion they are the lowest form of life in the universe. If you get into an injury accident while driving your tow truck, regardless of the reason, you will get sued up the wazoo and lose.

milf · #13 (**permalink**) 10-26-2004, 07:28 PM

OK relevant case in point:

City of Jackson, MS PD was actually pulling a simular stunt, oficers using thier own preferences over the proper rotation. The entire Towing community then went on strike against JPD and refused to do any and all tows for JPD. After about a week, the City agrred to hear grievances, and new guidlines were put in place and are strictly enforced in regards to tow rotation. So get lawyered up, get together, and you might change a bad situation into a good one.

MaxTracker · #14 (**permalink**) 11-09-2004, 07:23 AM

In Texas Hidden Audio (Body Mics) can be monitored but for God Sakes don't be doing a drug deal and get busted listening to the CI and UC's activities!
Most PD's have Body Mic encryption, if they use it in the clear, then they should know there might be consequences for it.

Hidden Audio-the audio feed going to the patrolmans dash cam. generally is broadcast at half a watt or less. I wouldn't recomend recording that type of Transmission. One has to ask why you would consider recording anything for future playback. the D.A.'s office will be asking the same questions when or if you are arrested for replaying Police Audio Transmission without the written consent of the agency.

RICO Statutes also say using a Scanner to comitt a felony is a form of Organized Criminal Activity. You don't want to get hammered with RICO Statutes because when they un-burry you from the Federal Corrections Institute, you WILL never be allowed to Use a SCANNER, FRS Radio or even a Cell Phone again!

Texas law is specific, Interception of RF Transmission without the Written Consent of the Broadcasting agency is a misdemenor. when used against the broadcasting agency or for personal gain it is a felony.

Go to texaslaw.com and you will find (after a lengthy search) the laws reguarding Radio Signal Interception (Scanning)