Are scanners Illegal to carry on your person?

[nd5y]

That was good but this is even better!

Jeg ble stoppet av politiet og jeg hadde min skanner med meg. Det var koblet gjennom en forsterket høyttaler som gjorde at det var kjempe høyt. Politimannen kom opp til bilen min og spurte etter min lisens og forsikring. Så spurte han «Hvorfor har du en skanner?» Jeg sa at jeg liker å lytte til dem som en hobby. Han lo. Da han snakket til meg skannet den. Da han kjørte meg kunne jeg høre alt, og så kunne han. Han fortalte til sin operatør at jeg bærer en skanner og skannet alle lokale byer. Han slapp meg.

 

[dsvm2005]

weird but understandable

 

[redhelmet13]

That was good but this is even better!

Jeg ble stoppet av politiet og jeg hadde min skanner med meg. Det var koblet gjennom en forsterket høyttaler som gjorde at det var kjempe høyt. Politimannen kom opp til bilen min og spurte etter min lisens og forsikring. Så spurte han «Hvorfor har du en skanner?» Jeg sa at jeg liker å lytte til dem som en hobby. Han lo. Da han snakket til meg skannet den. Da han kjørte meg kunne jeg høre alt, og så kunne han. Han fortalte til sin operatør at jeg bærer en skanner og skannet alle lokale byer. Han slapp meg.

I couldnt have put it better myself! This explains it perfectly

 

[motorola_otaku]

illegal to carry a scanner/two-way receiveing radio on your person?

Short answer: Not in TX.

Long answer: I am not a lawyer nor do I play one on TV, but Penal Code Title 4, Chapter 16, Section 2 goes into big detail about what and what isn't permitted to be monitored.. then down at the bottom says it was repealed in 2005. Section 5, which addresses illegal divulgence of public communications was also repealed. See for yourself here: PENAL CODE   CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE

Even longer answer: As others have said, it depends largely on the general demeanor of law enforcement in your area and how you conduct yourself whether or not you'll be questioned or threatened with confiscation or arrest. In my personal experience, no one gives a flip about a Radio Shack or Bearcat scanner but having a Motorola commercial radio will throw up a huge red flag and lead to rounds of questioning as to where you got it, how you programmed it, and so forth. In their eyes, if you're carrying top-tier Motorola and aren't a public servant or otherwise appear outwardly that you should have it, you're either a.) in possession of a stolen radio, or b.) a wacker/impersonator. But anything that looks obviously like a scanner or consumer-grade radio usually won't draw you any attention at all.

 

[n5ims]

Deleted

 

[dsvm2005]

Thank you for that info

 

[bobbyaa]

You can go several routes with this one.

On the surface, when stopping people with scanners, it definitely piques my interest. I will more than likely ask why they have it; a simple, polite answer from them usually resolves any interest I have. If things aren't adding up or I think that they are using the scanner to "ambulance chase" police, fire or EMS, thats where the big problems start. People have been known to try to chase the calls versus just listening. I am not beyond putting someone in jail for parking on the same block as a fire/ems call (see Texas Transportation Code) if they push it.

If we start going down the criminal offense route, if you are found to have it during the commission of an offense and it can be articulated that you used the scanner to further the offense, then I could add the offense of Penal Code 16.01 Unlawful Use of Criminal Instrument which would be one offense level lower than the offense you committed. Additionally, if you start interfering with my public duties, we can go the Penal Code 38.15 Interfering with Public Duties route which would be a Misdemeanor B, up to 180 days in jail.

If you want to scan, keep it legal and don't be a stalker.

 

[bobbyaa]

You can go several routes with this one.

On the surface, when stopping people with scanners, it definitely piques my interest. I will more than likely ask why they have it; a simple, polite answer from them usually resolves any interest I have. If things aren't adding up or I think that they are using the scanner to "ambulance chase" police, fire or EMS, thats where the big problems start. People have been known to try to chase the calls versus just listening. I am not beyond putting someone in jail for parking on the same block as a fire/ems call (see Texas Transportation Code) if they push it.

If we start going down the criminal offense route, if you are found to have it during the commission of an offense and it can be articulated that you used the scanner to further the offense, then I could add the offense of Penal Code 16.01 Unlawful Use of Criminal Instrument which would be one offense level lower than the offense you committed. Additionally, if you start interfering with my public duties, we can go the Penal Code 38.15 Interfering with Public Duties route which would be a Misdemeanor B, up to 180 days in jail.

If you want to scan, keep it legal and don't be a stalker.

 

[Ensnared]

I was recently on IH35 near Lorena at the picnic area. Previously, I had been traveling south on IH35 around mile marker 318 or so. All of the sudden, my Beltronics 995 emitted a "Laser alert." I looked up and observed a Lorena SUV hidden in the tree line. For some unknown reason, I innocently reached for something that fell in the floorboard of on the passenger side. I proceeded to the aforementioned picnic area south of this location. In about 10 minutes, I observed the Lorena unit leaving the interstate, heading into the picnic area, and making a beeline for my automobile which was parked on the north side. I was sitting outside at the picnic table with my scanner while smoking a cigar. I got up, went to my car, laid the scanner on top and retrieved my billfold. This cop: a) questioned why I had an antenna on top of my car (K40 CB antenna), but he failed to ask about the scanner antenna; b) questioned me about why I was using binoculars, which I later refuted pointing to what he might have observed, my leather-encased GRE PSR 500; c) asked what I had programmed; d) asked where I was going; and e) asked if I had been listening to him. So, I pulled out my retired ID from TDCJ and DL. He went into the vehicle and ran my name and plates, I am assuming. He returned and gave me my ID back. Then, I started to explain the functions of this radio. Shortly afterward, I observed his eyes glazing over as if trance from overloaded neurons. I have found this to be one of the best defenses for having a scanner in possession. Most all cops are suspicious of people having scanners. Furthermore, they were suspicious of me having a CB as well. My defense? Again, overload the brain circuits with extensive detail and watch the natural trance develop. Ha.

 

[JoeyC]

Then, I started to explain the functions of this radio. Shortly afterward, I observed his eyes glazing over as if trance from overloaded neurons. I have found this to be one of the best defenses for having a scanner in possession. Most all cops are suspicious of people having scanners. Furthermore, they were suspicious of me having a CB as well. My defense? Again, overload the brain circuits with extensive detail and watch the natural trance develop. Ha.

I have a similar situation occur, not with reference to law enforcement and scanners but with some electrical equipment I work with. When I call for service on malfunctioning electronics, the engineers who fix the problem often go into a long tirade about transformers, electrical circuitry and theory and the reasons for the electronic failure far beyond my knowledge and need to know. I'm sure the same occurred with the cop. Geeks tend to jabber at length about stuff that the regular Joe has no interest in.

 

[garys]

You can go several routes with this one.

On the surface, when stopping people with scanners, it definitely piques my interest. I will more than likely ask why they have it; a simple, polite answer from them usually resolves any interest I have. If things aren't adding up or I think that they are using the scanner to "ambulance chase" police, fire or EMS, thats where the big problems start. People have been known to try to chase the calls versus just listening. I am not beyond putting someone in jail for parking on the same block as a fire/ems call (see Texas Transportation Code) if they push it.

Why do you think it's important to know why they are carrying a perfectly legal device? Do you ask them why they have a cell phone or a camera or an iPod? What pretext, excuse, or reason do you use to justify arresting a person who is sitting in a car, presumably legally parked? People have in deed been known to use a scanner to get in the way of police, EMS, or fire operations, but I'd think one would be hard pressed to prove that if they were sitting in a car a block or so away. I've seen fire buffs creep beyond police lines a fire scenes, but the most the police do is shoo them away back to the other side of the yellow tape.

If we start going down the criminal offense route, if you are found to have it during the commission of an offense and it can be articulated that you used the scanner to further the offense, then I could add the offense of Penal Code 16.01 Unlawful Use of Criminal Instrument which would be one offense level lower than the offense you committed. Additionally, if you start interfering with my public duties, we can go the Penal Code 38.15 Interfering with Public Duties route which would be a Misdemeanor B, up to 180 days in jail.

If you want to scan, keep it legal and don't be a stalker.

Again, I have to wonder how sitting in one's own, presumably legally parked car constitutes the crime of Interfering with Public Duties? If the car is illegally parked, isn't the easiest thing to do to ask the driver to move it? Under Texas law, is a car that is stopped, with the engine running and driver sitting behind the wheel considered parked? Or is that considered "standing"? I'd suspect the latter, since if the person were DWI under those exact conditions I expect Texas law would consider it "operating" and not "parked".

BTW, before you start the "You're anti police" crapola, I was police for over 20 years, even if only part time, including several years as a Sgt. If one of my officers acted as you describe, he'd have a lot of explaining to do. I always thought my job was to serve the law abiding public, not harass them and make up crimes.

I was recently on IH35 near Lorena at the picnic area. Previously, I had been traveling south on IH35 around mile marker 318 or so. All of the sudden, my Beltronics 995 emitted a "Laser alert." I looked up and observed a Lorena SUV hidden in the tree line. For some unknown reason, I innocently reached for something that fell in the floorboard of on the passenger side. I proceeded to the aforementioned picnic area south of this location. In about 10 minutes, I observed the Lorena unit leaving the interstate, heading into the picnic area, and making a beeline for my automobile which was parked on the north side. I was sitting outside at the picnic table with my scanner while smoking a cigar..

What brand or brands do you like? I'm a big H. Upmann fan, but I also like Rocky Patel.

I'll also add that I've driven with a scanner in my vehicle in a number of states that have restrictions including New York, Florida, Kentucky. I've never been stopped in any of those states, nor had any encounters with police in any of those states. I think the key to that is the same as carrying a concealed firearm. Don't draw attention to yourself. I've even scanned in airports without drawing the attention of the Too Stupid for Arby's crack inspectors or the airport police. Low key is the key.

BTW, if you have CCW permit in TX, you do have to disclose that you are carrying if stopped while driving.

 

[Ensnared]

"Anti-police crapola." What does this mean? In my comments made about the Lorena unit, I never called them: cretins; buffoons; or troglodytes. So, I don't understand this out of context reference.

 

[Ensnared]

Woops: I prefer Black and Mild wine because it is pipe tobacco. Typically, those who start by smoking cigarettes and then go to a cigar or pipe, unconsciously inhale. Hence, I am attempting to stop this horrible addiction since I have type II diabetes. I have rolled my own using pipe tobacco as well, but Black & Mild is a ready mix. If I'd rolled one out in Lorena, I might have been searched. I ran this Lorena incident by Barry Cooper the former Drug Task Force Officer in the Permian Basin (Never Get Busted website). He indicated that my behavior might have warranted increased attention from someone setting up to watch for users. He was surprised that I was not searched. I encourage you to watch the videos of false alerts in Williamson county of Texas on this web site. He baited the Odessa police department and was put in his place by the Texas Rangers. I don't know of any police ever using SWAT to initiate a misdemeanor search do you? But, Williamson county did just that. If you go up against law enforcement trying to expose corruption, you will get hammered. I don't want the responsibility of carrying a concealed weapon. I feel that it is my American right to own any weapon I want, including automatic weapons. I should not have to conceal it. I believe I should be able to brandish any firearm I desire. If I could get an Uzi to hang around my neck while riding my bicycle, I feel that I should have that right as an American citizen.

 

[Ensnared]

I have also monitored DEA and other law enforcement agencies regarding how they alter the situation in their favor by getting a marked unit to pull over a suspect vehicle. In Houston, DEA used electronic sleds to disable the automobile. The other day, I was in an area around my house. In essence, I was walking in the neighborhood carrying my leather-cased GRE PRS 500. Someone called the cops. Why? Did they think this was an person of interest? I don't know. But, I figured out this person who was eyeballing me called it in thinking I was suspicious. I figured out that someone might have called the cops when I watched two Woodway PD units drive past me and then go on. After turning on my scanner to Woodway PD, I heard them say, "it looked like a hand held, possibly a scanner." They never stopped me. In this day and age of hyper-vigilance, everyone is getting paranoid.

 

[davidbond21]

In this day and age of hyper-vigilance, everyone is getting paranoid.

Hyper-vigilance + ignorance = waste of everyone's time.

 

[garys]

"Anti-police crapola." What does this mean? In my comments made about the Lorena unit, I never called them: cretins; buffoons; or troglodytes. So, I don't understand this out of context reference.

That comment wasn't directed at you, apparently your reading comprehension skills need a bit of work.

 

[Ensnared]

New To Forum

Since I did not directly understand the reference, I made reference to it. Furthermore, I don't need your assessment of my reading skills because I doubt that you possess the expertise to assess such.

 

[Ensnared]

Hypervigilance is a psychiatric term frequently associated with psychosis. I understand that I might be dealing with some simpletons in this forum. Therefore, I wanted to elaborate.

 

[davidbond21]

Hypervigilance is a psychiatric term frequently associated with psychosis. I understand that I might be dealing with some simpletons in this forum. Therefore, I wanted to elaborate.

Ah. Thank you for clearing this up. Unfortunately, this is not the context you used the word in:

...After turning on my scanner to Woodway PD, I heard them say, "it looked like a hand held, possibly a scanner." They never stopped me. In this day and age of hyper-vigilance, everyone is getting paranoid.

We simpletons are easily confused when a term that was meant by the poster to have a specific, narrow medical definition used to describe a condition in a subset of patients with mental illness is then applied to make a blanket statement of changing societal trends as if "hyper-vigilance" is the current and logical norm to which everybody is moving towards, like this is the inevitable necessity(everybody must develop a symptom of psychosis) of living in these modern times, which may be true if you are not using the DSM-IV definition of hyper-vigilance, but you state that is not the case. In this context, you are referring to yourself and to that of an ostensibly overly-nosey neighbor (whom we assume is just suspicious and that their actions are not actually the result of an underlying psychosis), with the conclusion of your anecdote being that the neighbor expressed unwarranted concern(obviously unwarranted as the police never even stopped to question you or even confirm up close that you only had a legal communications receiver) and you summarily dismissing the episode with a hyperbolic statement, using the very word that you argue should not be interpreted broadly or loosely.

Otherwise, I will avoid using the term "hyper-vigilance" outside of its accepted clinical definition. Most of the simpletons on here aren't aware that some words or terms that may be found in common usage(or just used incorrectly) also have legal ramifications (and therefore explicit definitions) when applied to the context of certain regulated industries or activities. Not to mention we simpletons tend to have friends and family join the military who may or may not see combat, so we were introduced to the concept of "hyper-vigilance" in returning vets a while ago, so it's not a completely foreign term.

 

[garys]

Since I did not directly understand the reference, I made reference to it. Furthermore, I don't need your assessment of my reading skills because I doubt that you possess the expertise to assess such.

Then you probably don't want my assessment of your writing skills either.