legal info

[STROKINV8]

OK ? Is it legal to monitor poloce 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 any info heard on the scanner and body mics,when they are in a public place,
,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 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

 

[BJ_NORTON]

I would imagine it would be ok for anyone here to record police comms, and body mics I doubt would fit into the telephone conversation regulations, but where you are a tow truck driver there might be a problem. I seem to remember reading (maybe the telecomunications act) somewhere that you could intercept shortwave signals except for certain types of conversations, and as long as it wasn't for monitary gain. It specifically refrenced cab drivers and tow drivers. It wouldn't be fair if tow company A got the call to a wreck, but tow company B had a scanner and heard the call from the PD. Tow B gets there ahead of Tow A and therefore made a monitary gain. If this rings a bell with anyone else, maybe they can point us to the law that I am thinking of.

In the town I used to live in all the tow companies registered with the highway patrol if they wanted to get calls on the highway. They had to document what type of equipment they had, and then the NHP decided what kind of jobs they were able to handle. After that it went on a rotating basis, and only the dispatcher could decide who the tow was going to be.

This might be something to take to your City council to get the issue resolved.

cheers BJ

 

[SCPD]

IANAL but ...

Is it legal to monitor police activity in Texas on a scanner

Voice traffic - Yes. Data - No.

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 any info heard on the scanner and body mics, when they are in a public place.

Yes (even if the transmission comes from private property) but the usual cell phone/pager/cordless phone exclusion applies. The grey area for recording is when it comes time to listen to those tapes - and with whom you choose to share them. If, for example, you play those tapes on a live radio broadcast, you might be breaking the Communications Act of 1934. If the party to whom you disclose the tapes is the very agency that made the original broadcasts, I don't see a problem.

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 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 actually happening, but to have evidence would be great to make a presentation to someone at a higher level.,,any help would be great.

All I can suggest is that you track down the person(s) that allegedly requested a specific company to do the tow. If they say no, ask them to sign an affidavit stating such. Three or four affidavits ought to be enough to draw the attention of management or even internal affairs.

If you think there is something genuinely criminal, talk to a prosecuting attorney. If it is more an issue of ethics or a violation of departmental policy (most PDs do have a policy against playing favorites) then you'll have to approach management or city/county government.

As a last resort you can always appeal to local media. Just be sure to have all of your parking tickets and traffic warrants taken care of before you walk in to the door. [ Most wrecker drivers I know have at least one outstanding warrant. ]

-rick