Issue listening to businesses and schools

[lwvmobile]

Must be a different time, I know if I had taken any sort of electronic gizmo to school, it would have been confiscated if I had been caught with it, and my parents would have to go to the principal's office to recover it. I remember that sheet they gave out on the first day of school with the 'rules' which included no electronic items including things like radios, walkmans, cd players, gameboys, nintendo/sega cartridges, cellular phones (we had motorola brick phones back then). I'm sure now with the prevalence of smart phones and so on, the rule probably changed to not 'using them' during school, but they probably won't take it away for just being carried.

 

[radio3353]

Not if he is standing on the property belonging to the very folks he is listening to. He is trespassing the moment they tell him to turn it off and leave. It becomes a legal problem for him the moment he refuses. Private property rights. Look it up.

I'm curious...what law school did you graduate from?

 

[lwvmobile]

I'm curious...what law school did you graduate from?

§ 18.2-119. Trespass after having been forbidden to do so; penalties

law.lis.virginia.gov

§ 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

 

[empired987]

I'd recommend what a lot of others have, keep it in a jacket or backpack, and wear earbuds. I'd never carry a scanner or radio (programmed to be a scanner) out in public, only because of the lack of education a majority of people have on them. I'll listen all day in my car, at home, or on scanner apps on my phone, but never in a public setting where people can see or hear it.

I enjoy listening to business and school radios too (all of our schools went encrypted, so that's not possible anymore), but there's a way to do it without getting in trouble. I wish everyone knew what scanners were and how they worked. I can't tell you how many times I've been asked by friends "can you talk back to them" while listening to a police scanner (like the WS1040)

 

[paulears]

Surely, everyone who is covertly listening to other people's conversations must have considered they won't like it. It matters not a jot what the law is - they don't know it and believe it's bound to be illegal. Nothing you can do will convince them. Add into the mix the fact you are behaving oddly, have equipment and are indeed listening to them and at the very least they call the police - who if they know the law (many don't) will still hassle you, and then if you cause a real fuss, they'll take you in for what in the UK is called breach of the peace - as in causing a big fuss.

In the UK trespass laws are broadly the same as the US. If you are on private property, like a school or business open to the public - if they ask you to leave, and you refuse, then you are trespassing and they could use (UK) reasonable force to physically remove you - but most would just call the Police.

Worse still, a strangely behaving person is in a school listening in to details about children? In today's climate - you're a potential pervert. I know you are not, but parents and teachers don't think like this. Even if the law says you CAN do something it really is stupid to push it sometimes!

 

[GB46]

Must be a different time, I know if I had taken any sort of electronic gizmo to school, it would have been confiscated if I had been caught with it, and my parents would have to go to the principal's office to recover it. I remember that sheet they gave out on the first day of school with the 'rules' which included no electronic items including things like radios, walkmans, cd players, gameboys, nintendo/sega cartridges, cellular phones (we had motorola brick phones back then). I'm sure now with the prevalence of smart phones and so on, the rule probably changed to not 'using them' during school, but they probably won't take it away for just being carried.

When I was in junior high (middle school nowadays, I guess), some of the students would sneak portable radios in during the world series, so they could listen to the play-by-plays. I didn't, as I wasn't sports minded, but the teachers would always confiscate a portable radio if they found a student using it. That wasn't actually too difficult, as the pocket-size transistor radios were just being introduced, so they weren't readily available yet. The handheld portables were usually tube sets, and too bulky to conceal.

 

[GB46]

All of the above advice is good if you're carrying a scanner. Looking at the sig line several transceivers are listed, that opens a whole new level of problems. If op was carrying a XTS5000 in school where the AP made the accusation of "hacking into their radios", that is a reasonable concern. At a minimum, only carry a scanner receiver and save the Motorolas for more radio friendly situations. I bet the Motos look a lot closer to their radios than a 125at. Give them as little legitimate reason for suspicion as possible.

And even the smallest scanner won't look like a radio you'd be listening to sports on, considering the keypad, the vertical form factor, and the rubber duck antenna sticking up from the radio. It looks more like a CB walkie-talkie, or one of those FRS/GMRS rigs.

The scanner I have is the Icom R6, which is tiny, but still pretty conspicuous. I only use it at home, anyway.

 

[reconrider8]

I'd recommend what a lot of others have, keep it in a jacket or backpack, and wear earbuds. I'd never carry a scanner or radio (programmed to be a scanner) out in public, only because of the lack of education a majority of people have on them. I'll listen all day in my car, at home, or on scanner apps on my phone, but never in a public setting where people can see or hear it.

I enjoy listening to business and school radios too (all of our schools went encrypted, so that's not possible anymore), but there's a way to do it without getting in trouble. I wish everyone knew what scanners were and how they worked. I can't tell you how many times I've been asked by friends "can you talk back to them" while listening to a police scanner (like the WS1040)

listening to schools around m area i just keep my mouth shut and dont tell people what im listening too. like you say its mostly in my car and it isnt much traffic but in todays time with the school shootings who knows what your doing could be setting something up like that.

 

[radio3353]

§ 18.2-119. Trespass after having been forbidden to do so; penalties

law.lis.virginia.gov

OK, so you cited Virginia law regarding general trespass. Is that from a Google search or are you a lawyer? We all know a land owner can control access to his or her property. But, is that right conveyed to an employee? It also says says noting about being told radio conversations are "private", or it is illegal to listen to my radio traffic, or it is illegal to carry a radio on a property, or listening to a person's radio traffic is breaking an unwritten rule and is hacking as the OP was told. That is what I was getting at. Reread my post.

 

[Citywide173]

Have not see this yet but was thinking of developing for PC but Android/I-Phone is even better:

USB Bluetooth Dongle plugged into scanner
Android App for controlling scanner

You just walk around with your mobile and ear buds. The scanner is in/under you coat. All people see if someone texting on their mobile phone

You can do this with an Icom IC-R30. You don't get trunking, but sounds like the OP isn't dealing with sophisticated systems.

 

[lwvmobile]

OK, so you cited Virginia law regarding general trespass. Is that from a Google search or are you a lawyer? We all know a land owner can control access to his or her property. But, is that right conveyed to an employee? It also says says noting about being told radio conversations are "private", or it is illegal to listen to my radio traffic, or it is illegal to carry a radio on a property, or listening to a person's radio traffic is breaking an unwritten rule and is hacking as the OP was told. That is what I was getting at. Reread my post.

No, I am not a lawyer. Are you a lawyer? You seem just as keen to argue what the law is, and if you aren't a lawyer or a judge, or graduate from law school, I guess you're opinion is just as moot as anybody else's on here. Since the OP does live in Virginia, at least according to his location listing, I posted Virginia law, which does state

by the owner, lessee, custodian, or the agent of any such person,

I would probably argue that, in my opinion, being a non law educated person, may in-fact refer to employees. We are only talking about trespass, and nothing else. The point a few of us were trying to convey is that they DO NOT have to give a 'valid reason' before asking you to leave, they CAN ask you to leave for any reason, and at that point, if you don't, then its trespass.

 

[Citywide173]

I'm curious...what law school did you graduate from?

I have a police academy under my belt, albeit from 1988, and he is accurate for Massachusetts as well.

 

[natedawg1604]

People are making this too complicated, if you keep the damn thing concealed with an earpiece of some kind you'll be fine. I've taken my scanner out in public a lot, almost no one has ever even asked me about it, let alone given me trouble over it, because they can't see or hear it. This would include some events/areas where it would ostensibly be very difficult to get a scanner through security, but if you get creative you'd be surprised what's possible. Arguing about trespass law totally misses the point, don't let it get that far! It sounds like some people have a hard time being discreet...

 

[radio3353]

No, I am not a lawyer. Are you a lawyer?

No. Other than a few semesters of constitutional law, my degree is in engineering. But, then again, I have not asserted anything in this thread regarding the law, have I? My only comment has been about the nonsense people were telling the OP he was guilty of. Again, reread my posts.

 

[mmckenna]

People are making this too complicated, if you keep the damn thing concealed with an earpiece of some kind you'll be fine.

^^^ this.

Legal issues or not, keep the scanner out of view and use some earbuds. Problem solved.
-most people don't want to hear scanner traffic.
-most people don't care about what they can't see.
-most people don't care what your hobby is.
Keep the scanner out of sight and don't annoy people with the audio.

 

[Citywide173]

My only comment has been about the nonsense people were telling the OP he was guilty of. Again, reread my posts.

I agree about the nonsense the OP is being told, but the fact that they are wrong in that area doesn't change the fact that if a representative of the property tells you to stop doing something and you don't, regardless of whether they have their facts straight or not, you are putting yourself into an undesireable legal position if you continue to do it.

 

[radio3353]

I agree about the nonsense the OP is being told, but the fact that they are wrong in that area doesn't change the fact that if a representative of the property tells you to stop doing something and you don't, regardless of whether they have their facts straight or not, you are putting yourself into an undesireable legal position if you continue to do it.

Agreed. Often discretion is indeed the better part of valor. Especially in a society like our current one where rationality in so many things is in short supply.

 

[RFI-EMI-GUY]

I'm curious...what law school did you graduate from?

University of Chicago You??

 

[radio3353]

University of Chicago You??

Like I previously said above, I am not a lawyer and made no legal assertions here. I only commented on the nonsensical remarks the OP received from employees when he brought his or her radio into establishments. Please people, read. If you really are a lawyer, you should know the importance of accurate reading and getting the facts straight. Thank you.

 

[kainixon2187]

The time I was at the waterpark I had my 125AT, they seemed to have thought I stole the radio from them at first, even though they use mag one radios. Today I tried using an earpiece and tucked my radio under my jacket and it worked perfectly.