Madisonville, TN - State considers bill to make it illegal for felons to own scanners

[cfr301]

What benefit comes from a "feel good idea"?
Plea bargains are part of the legal process. So what? If a plea were made to drop the scanner possession charge in lieu of a plea of guilty for the main crime, this is a win, so whats the problem?

Did You READ and COMPREHEND ALL of my Post?? Apparently not.

As for plea bargains part of the process..tell that crap to the next friend or family member that's a victim of crime it will be reassuring, give them that good warm feeling all over! NOT!

Start having trials for what these people actually do, stop the deal making and crime will begin to drop. This "my mouth piece" will get me a deal crap is why the criminals in this country have more rights than the everyday citizen trying to follow the rules and live in peace with his and her neighbors.

Before you asked yep I made deals to get bigger fish, did I like the idea no, and I never used that tool to get some one a walk who committed a violent crime against some innocent person. I wanted no part of that.

 

[JoeyC]

Did You READ and COMPREHEND ALL of my Post?? Apparently not.

As for plea bargains part of the process..tell that crap to the next friend or family member that's a victim of crime it will be reassuring, give them that good warm feeling all over! NOT!

Start having trials for what these people actually do, stop the deal making and crime will begin to drop. This "my mouth piece" will get me a deal crap is why the criminals in this country have more rights than the everyday citizen trying to follow the rules and live in peace with his and her neighbors.

Before you asked yep I made deals to get bigger fish, did I like the idea no, and I never used that tool to get some one a walk who committed a violent crime against some innocent person. I wanted no part of that.

Sorry you are bitter about the process in America.
Apparently you failed to read the article. If you had read it, you would see that the legislation being suggested would be an accessory charge, not the primary charge. If your prosecutors office is making pleas to drop the main charge in cases then you should ***** to your DAs office. Just because pleas are an option doesn't mean that the victims family or friends are not given justice. More charges = more leverage for the prosecutor. If there is another similar law already on the books, then that is for the lawyers and judges to decide which is more appropriate to use in each individual case.

This proposed bill doesn't have anything to do with denying law abiding citizens the right to use or own scanners.

 

[cfr301]

Sorry you are bitter about the process in America.
Apparently you failed to read the article. If you had read it, you would see that the legislation being suggested would be an accessory charge, not the primary charge. If your prosecutors office is making pleas to drop the main charge in cases then you should ***** to your DAs office. Just because pleas are an option doesn't mean that the victims family or friends are not given justice. More charges = more leverage for the prosecutor. If there is another similar law already on the books, then that is for the lawyers and judges to decide which is more appropriate to use in each individual case.

This proposed bill doesn't have anything to do with denying law abiding citizens the right to use or own scanners.

I'm sorry I wasn't aware you had issues, comprehension is apparently the least of them, your even reading things into a rather clear post that were not included, again I'm sorry for your issues.

 

[ki4gyw]

hum

I dont see that becoming a law helping much.

 

[kb2vxa]

It looks like somebody has the plea bargaining process backward. A prosecutor often adds accessory charges as bargaining chips knowing full well they will be dropped in order to coerce the suspect into "copping a plea" on the primary charge, not the other way round.

 

[JoeyC]

It looks like somebody has the plea bargaining process backward. A prosecutor often adds accessory charges as bargaining chips knowing full well they will be dropped in order to coerce the suspect into "copping a plea" on the primary charge, not the other way round.

Yep. Looks like the "retired cop" wasn't paying attention while he was employed. Perhaps thats why he's retired?

 

[CompuDoc]

The scanner law in NJ allows a person to have a scanner in their car where as prior to 1992 it was illegal whether or not you were commitng a crime or had a prior criminal conviction. The law now states

Specifically, Title 2C of the New Jersey Code of Criminal Justice section 33-21, titled Interception or use of official communications provides that, “Any person who intercepts any message or transmission made on or over any police, fire or emergency medical communications system, or any person who is the recipient of information so intercepted, and who uses the information obtained thereby to facilitate the commission of or the attempt to commit a crime or a violation of any law of this State, or uses the same in a manner which interferes with the discharge of police or firefighting operations or provision of medical services by first aid, rescue or ambulance squad personnel, shall be guilty of a crime of the fourth degree.”

The section immediately following that statute, 33-22, titled Possession of emergency communications receiver, prohibits, “Any person who, while in the course of committing or attempting to commit a crime, including the immediate flight therefrom, possesses or controls a radio capable of receiving any message or transmission made on or over any police, fire or emergency medical communications system, shall be guilty of a crime of the fourth degree.”

Source: index

Does that mean if I have a scanner in my car and am speeding that I am in violation of the New Jersey scanner law?

 

[N_Jay]

So let's see:

It will not do all some people want it to do.
It will do more than some people think it will do.
It is not as perfect a solutions as some would like.
It is not a dreadful an attempt as some people fear.

Yep, sounds like about 99% of the laws out there, to me.

 

[cfr301]

Yep. Looks like the "retired cop" wasn't paying attention while he was employed. Perhaps thats why he's retired?

The POINT Neither of you TWO seem to get, is .. THIS LAW is Redundant, most STATES have a criminal tools law, WHICH COVER SCANNERS!!! and anything else a criminal uses to commit a crime even cars!!!.

I fully understand the plea bargain process, I'm trying to say if we stop the revolving door circus and prosecute the FELONY offenders for their crimes instead of cutting them deals, THE VICTIMS, remember them, will get some justice and maybe just maybe crime will begin to drop, because the criminals will get the idea no more deals for me I'm going to jail!

 

[appalachianscanner]

Felons and Scanners

What one must watch out for is if states adopt similar bills and treat scanners like firearms requiring a check to prove "you are not a felon".
And would they take it to the next step and ban private transfers of scanners? or just make it against the law to sell to a convicted felon..
Both options are complicated and potentially expensive.

The current monitoring laws have been on the books for some time and in most states make it a crime to have in your possession in the commencement of a felony.....However convicted felons are prohibited from getting an amateur radio license, so more food for thought.

 

[kb2vxa]

"The POINT Neither of you TWO seem to get, is .. THIS LAW is Redundant, most STATES have a criminal tools law, WHICH COVER SCANNERS!!!"

No sir, it is you who don't get it and as usual because among others you didn't do your homework, "criminal tools" commonly known as burglar tools are considered separately. For example, the New Jersey law is almost a mirror image of the federal statute(s) which except for some minor details (such as the antiquated term "shortwave radio" in the 1934 Act) make all such scanner laws redundant. FYI, it is the duty of law enforcement and the courts to uphold all laws up to and including federal but is seldom actually done. Perhaps if "the system" including legislators knew and understood this there would be far less redundancy and confusion.

That having been addressed what does it have to do with the plea bargaining process then under discussion? The topic was coercion designed to force the subject to cop a plea and you shoot back with something totally irrelevant? Now pay attention next time and please stop shouting.

The unfortunate fact of the matter is many don't understand that arguments come out of ignorance while discussions come out of knowledge so for the sake of discussion I politely and gentlemanly ask the argumentative to sit back, relax, read and learn, the cure for ignorance is education.

Out of the muck and back on track this bears repeating:
"However convicted felons are prohibited from getting an amateur radio license, so more food for thought."
I've yet to see the FCC run a background check on an applicant so as stated earlier I expect this law to be equally unenforceable without special consideration.