Let me see your license...

[ecps92]

Depends
a. Does your State Law excempt an FCC Licensed Operator from the Hands Free Rule ?
b. Does your State have a Scanner/Monitoring LE Law ? With an Amateur exemption ?

Sounds like someone had a problem with their Wheaties this am

Tha ham radio in my dash is not. Thanks for responding. I do appreciate everyone’s opinions

 

[ten13]

The overwhelming issue "before Bar," as they say in court, is that local police are, not only not responsible for enforcing FCC rules, they are not TRAINED to recognized violations of those specific laws, so how can then even attempt to enforce them?

What police officers, anywhere, are instructed to do is when they come across an apparent violation of another jurisdiction's laws is to NOTIFY the other jurisdiction of their observations. And that goes for even local issues, like possible violations of, say, local "weights and measures" laws (inaccurate scales, gas pumps etc), building code violation, etc.

Most of those cops who like to play "Dick Tracy" while on patrol do it for egotistical reasons, having nothing to do with public safety.

 

[KK4JUG]

The overwhelming issue "before Bar," as they say in court, is that local police are, not only not responsible for enforcing FCC rules, they are not TRAINED to recognized violations of those specific laws, so how can then even attempt to enforce them?

What police officers, anywhere, are instructed to do is when they come across an apparent violation of another jurisdiction's laws is to NOTIFY the other jurisdiction of their observations. And that goes for even local issues, like possible violations of, say, local "weights and measures" laws (inaccurate scales, gas pumps etc), building code violation, etc.

Most of those cops who like to play "Dick Tracy" while on patrol do it for egotistical reasons, having nothing to do with public safety.

Of course it's not against the law to violate another state's laws. If my state says 20% window tint is illegal and your says 30%, do you really think I'm gonna call your state and tell them about you.

It was mentioned early on in this thread that police simply don't ask for amateur licenses. Most may not even know they exist. Also noted was the amateur license exception for scanners. That's a valid reason to ask for it BUT I'd bet Blantoni's paycheck that you could count the number of times it's happened on one hand. In this case, these paranoid people who base their actions on "principle" are putting too much focus on a minor issue and making it seem like a major one.

 

[K9SRR]

If you have nothing to hide whats the problem?

As for the "if you have nothing to hide, why not just provide it?"..... No. This isn't nazi germany. I'm not giving my "papers" to anybody who doesn't have a lawful right to demand them.

I completely agree. In GA, one need only attend 6 weeks of training (standard police academy) to deprive someone of ALL of their civil rights and it takes someone with a doctoral degree to get your rights returned. One of the reasons we have "bad" cops is poor training. It is the same of the constabulary wants to search my car. Get a warrant or a dog or release me.

 

[Hit_Factor]

...doesn't have a lawful right to demand them...

Government doesn't have rights, it's an important distinction, only people.

 

[buddrousa]

If my Ham License will stop a confiscation of my scanners you bet I will produce my Ham License.

 

[Hit_Factor]

Remember, the OP did not give any circumstances. Circumstances could be an investigation unrelated to FCC or traffic laws.

 

[W5lz]

If -asked- to see my license I'm happy to show it. If it's demanded, I'm afraid I'd have to know why before they saw it. Make any sense to you?

 

[K9SRR]

If -asked- to see my license I'm happy to show it. If it's demanded, I'm afraid I'd have to know why before they saw it. Make any sense to you?

I agree with the distinction between "asked" and "demanded"....totally get it

 

[N8IAA]

Why do young dumb cops do anything? I was once one of those cops. I would agree with the scanner reasoning however. I did not think of that one. Great answer. Thank you

Do you have an amateur radio plate on your car? If you do, you've already shown the Gwinnett DMV your license to get that tag. You'll be in the state database.

I was once followed in Ohio, where I used to live, by OSP, whom I was monitoring on my ham radios. They were talking about all of the antennas on my vehicle. Quite funny.

Since you didn't state the circumstances why you ask your question, an honest answer can't be given. Only opinions.

 

[drdispatch]

Like I said earlier, why would they need to? Aside from the scanner law and hands-free law exemptions, they wouldn't. So:

A) Don't do anything to give them a reason to. (Even if it's just their perception of a reason.)
B) If they do perceive a reason, be polite, respectful, and compliant.
C) Pick your battles.
D) Don't go to court on something unless you (and your attorney) are confident that you have nothing to lose. Don't roll the dice betting time, money, and a clean record.

If you are compliant, and the encounter ends well, then no harm/no foul. If, afterward, you feel that your rights were violated, you can always file a civil rights suit if you wish to pursue it.

 

[eorange]

Be polite. I once got pulled over by a cop running laser. I asked if I could see the actual readout. He said (and I'm paraphrasing / going from memory) "I am not required by law to show you." I said, "I understand, but would I be able to see it anyway?" He got very friendly and said, "Sure!" He brought the laser gun back and actually started to explain how it worked, the features, calibration, everything. Despite being pulled over, it was pretty cool.

 

[KK4JUG]

Be polite. I once got pulled over by a cop running laser. I asked if I could see the actual readout. He said (and I'm paraphrasing / going from memory) "I am not required by law to show you." I said, "I understand, but would I be able to see it anyway?" He got very friendly and said, "Sure!" He brought the laser gun back and actually started to explain how it worked, the features, calibration, everything. Despite being pulled over, it was pretty cool.

I was a cop for over 30 years. In my early years in patrol, that happened to me more than once (except that we used radar in those days).

In Georgia, the offender can legally asked to see the radar calibrated to make sure it's accurate but he has no right to see the speed readout. I happily showed both, if requested.

 

[TailGator911]

I drove for Crete Carrier for 17 years, cross country and dedicated, and I always traveled with a lot of toys, both ham radios and scanners. (HTs and mobiles) I secured my handheld radios and a sat phone in a modified double drink caddy on the dash for easy accessibility, and I kept a laminated FCC license hanging from the headache rack at all times. Some of the gung-ho troopers would ask about the radios and I volunteered information and showed my credentials and I was always good to go. I usually ended up doing show and tell, and they loved it.




Not pictured are 2 additional handhelds and 4 mobiles (CB/scanner/10/11 meter). I wish I had taken a pic of my antennas at the time. I was always well prepared for inspections. It's all about the attitude out there, it really is.

 

[mmckenna]

Be polite. I once got pulled over by a cop running laser. I asked if I could see the actual readout. He said (and I'm paraphrasing / going from memory) "I am not required by law to show you." I said, "I understand, but would I be able to see it anyway?" He got very friendly and said, "Sure!" He brought the laser gun back and actually started to explain how it worked, the features, calibration, everything. Despite being pulled over, it was pretty cool.

I drove for Crete Carrier for 17 years, cross country and dedicated, and I always traveled with a lot of toys, both ham radios and scanners. (HTs and mobiles) I secured my handheld radios and a sat phone in a modified double drink caddy on the dash for easy accessibility, and I kept a laminated FCC license hanging from the headache rack at all times. Some of the gung-ho troopers would ask about the radios and I volunteered information and showed my credentials and I was always good to go. I usually ended up doing show and tell, and they loved it.

Attitude is everything. Put forth a positive/non-combative attitude and amazing things happen.

Life is too short to want to fight everyone and everything. Go with the flow, make friends, enjoy life.

 

[rapidcharger]

What government/law enforcement agencies can legitimately demand to see you license other than an FCC agent?

I'm sure there's a long list of 3 letter agencies that can demand to see it but I'm curious to know what scenarios you had in mind that made you think to ask the question. As already mentioned, the most likely scenarios involve mobile radio operation in vehicles in states that have laws pertaining to scanners or handsfree laws. In those cases, you can decline to show the license then you probably end up with a citation which you can then go fight in court and show your license then.

 

[Giddyuptd]

Throwing it out there lately CBP in inland inspection stations in southwest have been asking persons for their drivers license, Including passengers as well as ones license for two way radio devices.

Not sure of other outcomes but it was asked to a deputy chief why he had two Motorola radios monitoring public safety in his pov. And he gladly showed his dept badge and was told have a good day.

Reasoning could be anything or ego as one said but I do know it has been ruled including their own policy that a drivers license cannot be used to determine ones citizenship or two way radio license, this includes passengers or minors in a vehicle. It is also common law a citizen of the USA does not need to carry papers on them that determine status.

Now if you're driving it is no brainer a police officer certified in said state can and will request a DL you must provide while operating a vehicle. You sign that agreeing upon getting it at the dmv.

As for them asking for two way radio licenses boggles me. Most I know (certified local LE) if they ask anything regarding radios is more for personal interest and if you can hear better then they can or is that radio better then his which goes into a casual convo away from reason you were stopped. Mostly the thats a cool toy I want one convo if even brought up.

So while going through one a cbp inland, it may be your legal right to refuse but one must recall the game of detaining at secondary to determine citizenship if they aren't satisfied which most I've seen is a ego trip or get even for being smart. Of course if you're privy to having a attorney already retained your have some good help after but most waive rights and show all.

Not to stray off I do know if you wave right and your car is torn apart you waive all claims later as you consented to a search that didnt say tear my seat up etc. Seen it time and time again out here and the outcomes. Ones who got compensated stood ground to a ego busting cbp.

 

[bill4long]

I completely agree. In GA, one need only attend 6 weeks of training (standard police academy) to deprive someone of ALL of their civil rights

Mischaracterization. No LEO in the USA has the authority to "deprive someone of ALL of their civil rights." Not even close. Yes, if they have probable cause, they can detain and arrest you, but that's not the same thing as "depriv[ing] someone of ALL of their civil rights." In fact, if your state has "citizens' arrest" statutes - and most do - anyone can detain and/or arrest you if they see you committing a felony (or whatever the particular state allows.)

 

[bill4long]

I don't know about other states, but in Indiana it is a class B misdemeanor to possess a "police radio" anywhere outside of your home, with some exceptions. (IC 35-44-3-12) One of those exceptions is being "(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; " LEOs do not have the right to compel you to provide a copy of your license, but they do have the authority to cite and arrest you if are in possession of a "police radio" and you don't do so. Would be a needlessly foolish thing not to provide it when asked, IMO. If you don't like the law, contact your representative and try to get the law changed. Or move. Or put up with it. You have choices.

FWIW, I've encountered LEOs in Indiana several times with all kinds of radios in my vehicles, and was asked about them only once. "Oh, I'm a ham radio guy", without providing a copy of my license. That satisified the officer and he seemed genuinely interested for radio sake not because I was involved in any illegal activities. IMO the statute is really about piling on charges to people who have been caught using radios in conjunction with illegal activities.

((c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling. )

Using this definition, most VHF/UHF radios made for Amateur Radio use fall under this description. Your average Yaesu, Kenwood or CCR VHF/UHF radios are all capable of "receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes." It doesn't have to be a "scanner" you purchased at Radio Shack.

 

[Giddyuptd]

I don't know about other states, but in Indiana it is a class B misdemeanor to possess a "police radio" anywhere outside of your home, with some exceptions. (IC 35-44-3-12) One of those exceptions is being "(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; " LEOs do not have the right to compel you to provide a copy of your license, but they do have the authority to cite and arrest you if are in possession of a "police radio" and you don't do so. Would be a needlessly foolish thing not to provide it when asked, IMO. If you don't like the law, contact your representative and try to get the law changed. Or move. Or put up with it. You have choices.

FWIW, I've encountered LEOs in Indiana several times with all kinds of radios in my vehicles, and was asked about them only once. "Oh, I'm a ham radio guy." That satisified the officer and he seemed genuinely interested for radio sake. The statute IMO is really about piling on charges to people who obviously use radios in conjunction with illegal activities.

((c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling. )

In states like that I can see one asking. But then one has to ask, does the law really stop a criminal from getting, using or having in possession a radio to do his doings. I doubt it as he would care less as he has no issue going to his second home at pine hills pen. Same as the red flag laws.

Most here caught in act of a crime they always end up dropping the communications charges or possession of scanner or radio and focus on the other charges.