I was not in a car and the scanner was not on, i was holding it in my hand with my earphone wrapped around it because i was adjusting my pants, but the cop saw me crossing the street and stopped me walking...and told me to come over and speak to him because it was probable cause of suspicion to stop me, he told me it's illegal to decode the police frequecies, it's illegal to keep the scanner parked on 1 channel and it's a viloation of the homeland security laws in nyc, and i got hit with criminal possession of a weapon summons because i bought a combination lighter/flashlight/switchblade, in chinatown a few months back, i'll take that summons in stride, but as far as the scanner summons, im pissed, because now my scanner is in downtown brooklyn marked as evidence and i'll never see it again...
You need to talk to a lawyer. You have also violated NY State law by committing a crime while carrying a scanner, carry a weapon in violation of the law. That is a felony. If you don't have funds for a lawyer get a public defender.Good Luck.