Charlotte NC Anti-mobile scanner code

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geoff5093

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There is a specific FCC exemption for licensed amateur radio operators from ANY local law prohibiting possession or use of a radio in a vehicle when the radio is a ham transceiver that incidentally also receives public service transmissions. It was and is intended to handle situations such as this. I carry a copy of it with me in the car at all times. The actual document is Docket 91-36 (a.k.a., FCC 93-410) which goes into excruciating detail about the history of the situation and reasons why the FCC has decided to exempt amateur radio transceivers. The document does NOT cover scanners at all, only ham transceivers.
Since more and more areas are going digital or trunking, it's getting less and less easier to monitor frequencies using amateur radio equipment.
 

mike_gain

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Oh Brother!! If a cop asks me if my radio picks up the POLICE, I'll say, haven't you heard they broke up, and Sting has had a very sucessful solo career.
 

Newshound

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Used once.

I lived in Charlotte from 1989 until 2007, and as far as I know the ordinance has been used at least one time, with little success other than a hassle. It happened in the early 1990's. A freelance photographer was stopped by a detective who noticed he was being followed. The detective confiscated the photog's scanner, citing the ordiance. The photog called the duty captain, and his equipment was returned within a couple of hours. No permit was required, and the photographer was warned not to "interfere" with any police action, but the cops backed down on the ordinance. Most ordinances have provisions for "media" which, in this case, extended to the freelance photog.
 

esnabr

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Mecklenburg County, NC
Scanners in Car ordinance in Charlotte

"It shall be unlawful for any person to equip or operate inside the city any motor vehicle with a high frequency police radio receiving set, unless such motor vehicle is being used by the federal, state, city or county government; by a law enforcement officer; or a permit for the use of the high frequency police radio receiving set shall be granted as prescribed in this article".
"High frequency police radio receiving set means any radio receiving set capable of transmitting or receiving any police radio messages."

I do not understand the FCC licensing issues or how they may/maynot trump municipal ordinances. I'm simply covering what the average person with no license or professional reason who has a scanner in their car should know or expect from police in Charlotte.
1) I have never heard of anyone getting in any kind of trouble for it.
2) If you don't affix the radio to the car, I would say it is not "equipped" if the scanner has it's own batteries and has it's own antenna, then the car is not equipped and the "motor vehicle" does not "have" a high-frequency radio
3) The ordinance is so vague on what the consequences are it would be very hard for the police or any other agency to enforce. I live in Charlotte and have considerable experience dealing with other ordinances and particularly how the police enforce them - or ratehr DON'T typically enforce most ordinances. Even when they do it's typically the exception rather than the norm. Because their is no process in place (that I know of) for handling these cases that is the biggest deterrent to them enforcing the ordincance. The ordinance does not state who can enforce it, how it is enforced, or what the consequences are. There is no appeal process outlined. There are no depts or resources dedicated to it's enforcement or a process that I know of for handling violations.
Even if scanners might be of interest to them, if you get stopped for a traffic violation and otherwise are law-abiding I doubt the police are going to give you anything more than a verbal warning in Charlotte, particularly after a well informed debate on the subject.
 

N7YUO

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Kearns, UT
Stealthy Scanning

I concealed my mobile scanner in a console while enlisted in the Marines during the 1970's.
I traveled extensively around the U.S. and the scanner was never discovered, even though I was selected for a vehicle search by the MPs several times.
I used the car antenna plugged into a match-box so there was no obvious antenna.
Today, if I wanted (needed) to use stealth, I would conceal the scanner somewhere in the vehicle and use a laptop or other computer and a remote program to operate it.
I also used a kill switch mounted under the steering column. A bump of the knee would kill the scanner if a cop walked up while I was parked. Scanner laws or not, if you are a young man in his 20's with a scanner in the car, the cops are going to give you a hard time.
 

N7YUO

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Kearns, UT
Stealthy Antennas

I did two Google searches, first for stealth antennas, (mostly amateur) and then for disguised antennas (mostly for covert LE apps) My personal opinion of the best site was:
Disguised undercover covert license plate antenna,fender,cowel,bumper antennas
Check it out and you will see that they have multi-band antennas that are direct replacements for many late model vehicles.

Scroll just over half way down and you will see the antenna combiners that are similar to the monitor match I used with the concealed scanner.

These antennas are pricey, from $189 to $385, but this is an option to avoid getting caught, having a fine, and misdemeanor record.
 

symtron

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Darlington, South Carolina
snipped....
"It shall be unlawful for any person to equip or operate inside the city any motor vehicle with a high frequency police radio receivingset, unless such motor vehicle is being used by the federal, state, city or county government; by a law enforcement officer; or a permit for the use of the high frequency police radio receiving set shall be granted as prescribed in this article."

The definition of a police radio receiving set is this:

"High frequency police radio receiving set means any radio receiving set capable of transmitting or receiving any police radio messages" snipped....


So I being a South Carolina resident, I come to Charlotte in my POV, NOT on Official Business - with a 800 Mhz radio AND a VHF Public Safety band Radios in my vehicle are illegal? I also have a Cellphone that will stream audio from several online audio services So now I'm breaking a law?

The law is for one too broad, it states ANY police radio message, heck that could involve even AM/FM radios if they broadcast a released statement, that IS a police message eh?

I understand what they are trying to do, I recognize that, but laws are for the un-lawful, not the lawful use of a receiving device. The UN-lawful (thugs, drug dealers, thieves, etc) will continue to have them too.

Oh my, I just thought what about the local Radio Shack? Will they confiscate the scanners from the shelves? How do you get it home?? You can't have it in the car, where presumebly its legal to have a scanner....BIG BROTHER is watching!!!!!!

PS,,, I don't want to be the test case, so no travel to the Queen City for me for now...
 
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KM4WLV

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Rockwell (Rowan County), NC
I think as far as it all goes no one should have much to worry about. In a big city, speaking of Charlotte here, the PD has more pressing issues to deal with. As long as you AREN'T using it in the commision of a crime I don't think anyone needs to stress.

If you get stopped and they ask just take the time to explain, and make sure to be polite about it. I drive to Charlotte for work everyday, and have many a morning had a CMPD officer behind me and I've never been stopped and asked what was in my vehicle. Any of you that have seen pics of my car have seen why they may ask.

My way to get past it is that I work for a radio shop and everything in my vehicle is used to monitor different systems that we maintain.
 

KM4WLV

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Thank you Marshall !! You posted it as I was looking for the link, lol. I'm getting slow..... Think it may be from all the turkey & banana pudding I've had, lol.

BTW, glad ya like it, but it has changed a somewhat since then..............
 

Newshound

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Aurora, IL
I think as far as it all goes no one should have much to worry about. In a big city, speaking of Charlotte here, the PD has more pressing issues to deal with. As long as you AREN'T using it in the commision of a crime I don't think anyone needs to stress.

I agree. In all my years dealing with CMPD, I can't remember them giving me grief over my radios. I dealt with them on a daily basis, and a lot of the time they didn't like me showing up, but they never said anything about my scanners. In fact, some were more interested in finding out how much we could monitor (when they first went to the trunked system they hadd no idea that we could hear i-calls and their secondary talkgroups.)

I think the ordinace is probably there as a tool to charge people who show up at scenes when they have no business being there. If you continually show up a crime scenes just to gawk, then the cops might wonder why. This would be a way to deter that behavior.
 
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