Mobile Scanner Law?

[MississippiPI]

I travel thru Florida at times and have experienced diferent outcomes. Nowdays, I have a blk charger with dark tint, firefighter tag with lites on dash, rear deck and tag and grill lites. I have a two way radio in my vehicle installed programmed with hundreds of channels--some I can transmit on and some just monitor. I haven't had a problem lately--one trooper did mention my dark tint but I have an exemption so he told me have a nice day then commented on my car. I'm aware of the law and I have been asked about my equipment several times but no problems really.

Be safe

 

[rapidcharger]

I used to live in Florida and I would get pulled over and harassed constantly by bored cops but not once did they ever comment on the radios/antennas I had. Even then I thought that was kind of odd. I was even pulled over a couple of times on a bicycle with a portable scanner prominently mounted from the handle bars. They never said a word about the scanner. Then again, that was a little before the information age and not all that long after the law went into effect. They might not have known about it. (Strangely I did though).

I wouldn't even chance it now even with a ham license. A ham radio or tranceiver yes, but a scanner, no. The cops there are aggressive as ever and that's a headache I don't need.

 

[WQPW689]

Rapid, I have to ask, what the heck were you doing to get all this attention from the Florida cops?

I'm thinking neon signs or something.

Anyway, good to hear it doesn't happen much anymore.

689

 

[rapidcharger]

Rapid, I have to ask, what the heck were you doing to get all this attention from the Florida cops?

I'm thinking neon signs or something.

Anyway, good to hear it doesn't happen much anymore.

689

Just living in some areas is all it takes. And it does still happen. Just not to me because I moved out of the state!
I used to think that being young and driving the typical young person's car with aftermarket accessories made one a target and I'm sure it does but as it turns out, you can be in your late 60's driving around a grandpa lexus and get harassed too.

Just last week my dad told me he got pulled over by FHP on I-95 near the Dade/Broward line and the cop berated him for going around him and exiting the highway and proceeded to insult him with this exact quote, "You're either drunk or stupid." No ticket, no warning, no field sobriety test. Just an aggressive, unprofessional cop with a bad attitude.
My mom was there. She's a witness and if he did anything wrong, believe me, she'd be the first to tell me.

Not long ago, some cop in miami pulled him over and started screaming at him through the window that he just hit a motorcycle. (totally wasn't true). Typical unprofessional south florida roid-raging cop. No uniform, badge around the neck, muscle shirt, unmarked car. After a few minutes of getting screamed at for something he didn't do, the cop let him go. No ticket, no warning, no apology either. Apparently they just wanted to vent.

I lived in south florida for 20 years and didn't have problems that often but when I moved to central and north florida it was nuts. I'd get pulled over constantly for "looking suspicious" in Hillsborough and Pasco counties, just driving at night means you look suspicious! One time in Tampa I knew I was going to get pulled over because there was a cop riding my bumper so I just pulled over ahead of time, on to the shoulder. Then I got yelled at for doing that. Ay ay ay! You can't win. And Jacksonville.... Don't get me started. The most recent time I got pulled over in Florida was last spring. It was in a rural central florida county that will remain nameless but to narrow it down, they use encryption and have a lot of cattle ranches. Anyway, the cop pulls me over in the middle of nowhere claiming I was speeding. Orders me out of the car and sticks his entire torso into the car through the open window and proceeds to pull the ol' "Why do you have cannabis seeds on your seat?" routine. A few minutes later and a few personality changes later, he lets me go. Didn't search the car, didn't write me a ticket. Then goes as far as to shake my hand and let me go. The most bizarre encounter I've ever had with a cop in my life. I'm convinced the guy had dissociative identity disorder.

Then there was the time in Miami Beach I was beaten up by the cops and thrown in in jail for resisting arrest without there being any other charges. That was a long time ago but the cop that beat me up only recently (in 2013) got fired when he beat up one too many people.

Florida is a scary, scary place. Don't mean for anyone to take that personally but when you have to fear the so-called "good guys," you've got a bad problem.

 

[davo51]

I travel thru Florida at times and have experienced diferent outcomes. Nowdays, I have a blk charger with dark tint, firefighter tag with lites on dash, rear deck and tag and grill lites. I have a two way radio in my vehicle installed programmed with hundreds of channels--some I can transmit on and some just monitor. I haven't had a problem lately--one trooper did mention my dark tint but I have an exemption so he told me have a nice day then commented on my car. I'm aware of the law and I have been asked about my equipment several times but no problems really.

Be safe

If this is a privately owned vehicle and not a government issued vehicle, you may want to read Florida Law
S. 316-2398, for private vehicles, no more than 2 red lights are allowed, dark tinted windows are not exempt from another state for private vehicles, and if you are not on official duty for your agency while in the State of Florida, you may be in violation of other laws....the only reason I bring this up is that I see so many folks get into trouble trying to make their private vehicle look like an official public safety vehicle, the reason police are so hot on this issue is because of the growing number of police impersonators across the country causing problems...If this is a government issued vehicle, you might get away with all the trimmings in Florida, anyway, good luck

 

[rapidcharger]

If this is a privately owned vehicle and not a government issued vehicle, you may want to read Florida Law
S. 316-2398, for private vehicles, no more than 2 red lights are allowed, dark tinted windows are not exempt from another state for private vehicles, and if you are not on official duty for your agency while in the State of Florida, you may be in violation of other laws....the only reason I bring this up is that I see so many folks get into trouble trying to make their private vehicle look like an official public safety vehicle, the reason police are so hot on this issue is because of the growing number of police impersonators across the country causing problems...If this is a government issued vehicle, you might get away with all the trimmings in Florida, anyway, good luck

Not to mention a car like that will draw the attention of cops like flies to a pile of dung. Even if a law is broken, I would imagine having to go through all that all the time would get old.

Sent using my beta tester iPhone 7 using Tapatalk.
Ssh though. just dont tell anyone.

 

[n2hbx]

I dunno...I'm always a little skeptical of posters who tell tales of multiple negative contacts with law enforcement. Clearly there's more to the dynamic, but all we're going to get is the obviously biased side of the person involved. But, I digress...

I have lived in Central Florida for almost 30 years. During this time I have driven vehicles in various stages of what might be described as "mobile porcupinism." Not to mention that my latest (work) vehicle sports several antennas as well as a clearly visible mobile data terminal. I haven't experienced anything more aggressive from an LEO than a friendly wave. Maybe they think I'm one of them, but my vehicle is obviously not a police vehicle, even without signage. But, should they decide to ask, I do have my ham license with me (and, yes, I do have public safety radios in the truck).

Larry

 

[K4SVT]

You may be right larry...i have a scanner and few radios and my 800 xts that is on Seminole and Orange county systems...cops here in titusville dont really have a issue i do have my amateur radio license as well...so why would they have a reason to ***** if we have the right credentials?...cant listen to FHP so whats all the fuss..politics i guess...

 

[JoeyC]

I dunno...I'm always a little skeptical of posters who tell tales of multiple negative contacts with law enforcement. Clearly there's more to the dynamic, but all we're going to get is the obviously biased side of the person involved. But, I digress...

I have lived in Central Florida for almost 30 years. During this time I have driven vehicles in various stages of what might be described as "mobile porcupinism." Not to mention that my latest (work) vehicle sports several antennas as well as a clearly visible mobile data terminal. I haven't experienced anything more aggressive from an LEO than a friendly wave. Maybe they think I'm one of them, but my vehicle is obviously not a police vehicle, even without signage. But, should they decide to ask, I do have my ham license with me (and, yes, I do have public safety radios in the truck).

Larry

Yup yup. Those "colorful characters" with their colorful stories never tell you the WHOLE story of their encounters. Its always the same - bad cop hassling sweet innocent choir boys done nothing wrong. MMhmm.

 

[rapidcharger]

I haven't experienced anything more aggressive from an LEO than a friendly wave.

I hate to tell you this, but the point and wave means "You. Pull over." :wink: Nothing wrong with being skeptical though.

You may be right larry...i have a scanner and few radios and my 800 xts that is on Seminole and Orange county systems...cops here in titusville dont really have a issue i do have my amateur radio license as well...so why would they have a reason to ***** if we have the right credentials?...cant listen to FHP so whats all the fuss..politics i guess...

You've been living in Florida for all of a month so give it some time. Try driving at night on a sunday. That's when they're extra bored.

Yup yup. Those "colorful characters" with their colorful stories never tell you the WHOLE story of their encounters. Its always the same - bad cop hassling sweet innocent choir boys done nothing wrong. MMhmm.

If that comment was about me, my driving record and criminal history speak for themselves. I'm not going to prove it to you over the internet but the reality is my driving record was so clean, I got Florida's Safe Driver endorsement on my license. The only time I was ever arrested was in Miami Beach after getting my butt kicked for asking a cop for their name. The troubles down there are widely known so one only needs to google it and see my encounter wasn't an isolated incident.

I moved to Gwinnett county GA 10 years ago and in that 10 years I have have been pulled over in Gwinnett a grand total over ZERO times. I have had to call the cops for minor things and they come right out in literally 2 minutes. But when they're done taking care of business, they seem to go back in hiding and stay out of your hair. 10 years, no police harrassment yet I go down to florida for a week in a plain 4 door, 4 cylinder rental car with no tints or questionable anything and I get pulled over, made to stand outside on the side of the road for 15 minutes while to cop treated me as if I was a drug smuggler and then sent on my way without a citation. Hmmm. Police state? Nah... Well, it's easy to blame the victim. Maybe someday Joey, you should leave San Diego where you can literally yell at the cops and call the cops a d-bag to their faces and they leave you alone. And you can ask them for their name and badge number until you're blue in the face and tell them to "GET OUT OF HERE" and they don't beat you and throw you into jail like they do in miami beach. Instead they ask you if you have any questions or concerns or any way they can help and ask you not to be "mean".

Florida likes to do Terry stops and it is legal to do so there. They treat everyone as if they are suspicious and there are entirely way too many cops. That many cops are not needed. This isn't post 9/11 either. They've always done that there.
As the saying goes, YMMV. Your mileage may vary but it probably won't.

 

[n2hbx]

I hate to tell you this, but the point and wave means "You. Pull over." :wink: Nothing wrong with being skeptical though.

Well, it hasn't so far...<g>

Larry

 

[Robinsmark]

Cars &amp; Antennas

I wouldn't even chance it now even with a ham license. A ham radio or transceiver yes, but a scanner, no. The cops there are aggressive as ever and that's a headache I don't need.

Just my opinion,but it really depends on who the department is and who the officer is. Some cops follow you and are probably doing an MDT check, but others back off and stay well behind you if you have antennas on your vehicle.

 

[rapidcharger]

Just my opinion,but it really depends on who the department is and who the officer is. Some cops follow you and are probably doing an MDT check, but others back off and stay well behind you if you have antennas on your vehicle.

I agree 100%.
Unfortunately there are just so many bad ones that the aggregate resembles a police state that makes me extremely uncomfortable and untrustworthy of all leos as a result. To call it PTSD wouldn't be much of a stretch.

 

[davo51]

I wouldn't even chance it now even with a ham license. A ham radio or transceiver yes, but a scanner, no. The cops there are aggressive as ever and that's a headache I don't need.

Just my opinion,but it really depends on who the department is and who the officer is. Some cops follow you and are probably doing an MDT check, but others back off and stay well behind you if you have antennas on your vehicle.

You are right, it does depend on the agency and the individual officer. I have been a LEO for 30 years and from what I have observed, one of the reasons these type of scanner laws get made into law is because some people that install scanners in their car begin to go down the slippery slope of making their car look like a law enforcement vehicle, sad to say some volunteer firefighters fall into this category, also. Not everyone that has a scanner in their vehicle goes this way, but there are too many younger guys that buy the Dodge Chargers and Fords and proceed to trick them out to make people think they are driving a government vehicle. I can tell you, law enforcement officers are on the road enough to know the difference between a real cop and a wanna be, and nothing makes some cops madder than someone trying to look like a LEO with all the lights, dark windows, and the rest of the trimmings driving around trying to impress everyone. I do not want to start a conversation about whackers, but sometimes we bring these type of laws on ourselves by our actions.

I do believe if you drive a car without trying to look like a cop and/or showing up at crime scenes and fires, that you will not have any problems with a radio or scanner, especially if you have an amateur radio license, besides, if you don't flaunt it, who is going to see it.

 

[rapidcharger]

You are right, it does depend on the agency and the individual officer. I have been a LEO for 30 years and from what I have observed, one of the reasons these type of scanner laws get made into law is because some people that install scanners in their car begin to go down the slippery slope of making their car look like a law enforcement vehicle, sad to say some volunteer firefighters fall into this category, also. Not everyone that has a scanner in their vehicle goes this way, but there are too many younger guys that buy the Dodge Chargers and Fords and proceed to trick them out to make people think they are driving a government vehicle. I can tell you, law enforcement officers are on the road enough to know the difference between a real cop and a wanna be, and nothing makes some cops madder than someone trying to look like a LEO with all the lights, dark windows, and the rest of the trimmings driving around trying to impress everyone. I do not want to start a conversation about whackers, but sometimes we bring these type of laws on ourselves by our actions.

I do believe if you drive a car without trying to look like a cop and/or showing up at crime scenes and fires, that you will not have any problems with a radio or scanner, especially if you have an amateur radio license, besides, if you don't flaunt it, who is going to see it.

Since you have been a leo for 30 years, this would confirm what I posted in reply #66.
But I have to ask. Why does it bother you so much?
Why don't you find it flattering that someone wants to drive the same make and model vehicle, dressed up with all the same accessories?
According to you, nothing makes cops madder. I would almost agree. Asking for their name and badge number and taking their picture might be worse but why is this such a problem considering there are so many bad things going on nowadays that someone's poser-mobile must get immediate priority?

If you're allowed to drive a Charger with limo tints and flashing lights and computers and dash cams and radios, and push bumpers, and guns, and zillions of antennas, why would you be surprised when non-police want to do this? I would agree that limo tints are dangerous. I have hard time seeing out of my perfectly legal 35% LTV some times. Shouldn't cops set a good example rather than be exempt from this important law? People look up to you and want to emulate you. Right down to the expensive radios you have. Why is this a.) Puzzling and B.) Why does it make ya so mad?

I'm not saying you personally, but why do cops do stuff they don't want other people to do and then get mad when people want to follow their lead?

 

[davo51]

Since you have been a leo for 30 years, this would confirm what I posted in reply #66.
But I have to ask. Why does it bother you so much?
Why don't you find it flattering that someone wants to drive the same make and model vehicle, dressed up with all the same accessories?
According to you, nothing makes cops madder. I would almost agree. Asking for their name and badge number and taking their picture might be worse but why is this such a problem considering there are so many bad things going on nowadays that someone's poser-mobile must get immediate priority?

If you're allowed to drive a Charger with limo tints and flashing lights and computers and dash cams and radios, and push bumpers, and guns, and zillions of antennas, why would you be surprised when non-police want to do this? I would agree that limo tints are dangerous. I have hard time seeing out of my perfectly legal 35% LTV some times. Shouldn't cops set a good example rather than be exempt from this important law? People look up to you and want to emulate you. Right down to the expensive radios you have. Why is this a.) Puzzling and B.) Why does it make ya so mad?

I'm not saying you personally, but why do cops do stuff they don't want other people to do and then get mad when people want to follow their lead?

It does not bother me, I don't work for a city or county government, so I am not involved in local law enforcement, I do think it is strange people want to try and be something they are not. My brother is a medical doctor and I admire him and his profession, but I do not wear a white doctor's coat or wear a stethoscope around my neck when I go to the grocery store, just because I admire the medical profession, the reason it bothers some officers is the fact that there is a growing trend of crimes being committed by police impersonators and usually guys that go for the cop car look are more likely to harass citizens, if only by the way they look and act.

This is not a personal thing for me, I am just stating the facts that I have seen.

 

[rapidcharger]

It does not bother me, I don't work for a city or county government, so I am not involved in local law enforcement, I do think it is strange people want to try and be something they are not. My brother is a medical doctor and I admire him and his profession, but I do not wear a white doctor's coat or wear a stethoscope around my neck when I go to the grocery store, just because I admire the medical profession, the reason it bothers some officers is the fact that there is a growing trend of crimes being committed by police impersonators and usually guys that go for the cop car look are more likely to harass citizens, if only by the way they look and act.

This is not a personal thing for me, I am just stating the facts that I have seen.

I dislike the LEO posers even more than the LEOs but I was just trying to delve into the psyche of a LEO to see why they have a problem. Maybe JoeyC will come back and fill the rest of us in.

 

[n1das]

843.16
(3)&#8195;This section does not apply to the following:
(a)&#8195;Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.

Pretty much negates the argument of it being a ham radio or a scanner.

Holding a valid GMRS license technically would be enough to meet the criteria for exemption given that it IS a station license issued by the FCC. What constitutes a "station license" in the eyes of the FCC would fall strictly under federal law and FL would have no say in the matter.

Also IIRC, the "It shall not be unlawful...." clause in ECPA '86 specifically states that it shall not be unlawful to intercept radio transmissions made by police and other emergency services, etc. IMHO, FL's law prohibiting receiving radio transmissions made by police directly conflicts with federal law, whether or not you meet the criteria for exemption under FL's law.

I've been in Brevard county a few times on vacations and never had a problem.

Good luck and don't listen to anything on the airwaves that I wouldn't listen to. <wink>

 

[WQPW689]

There's been quite a lot of boogie man talk and groundless fears let loose in this thread, mainly based on anecdote, some personal and some based on the famous "I heard".

If Florida was so intent on running down and harassing radio operators, why would they issue an amateur radio license plate?

http://www.flhsmv.gov/dmv/forms/btr/83041.pdf

Maybe just to distinguish the targets better. Don't think so. Not to mention the place is full of CB radios to begin with.

Get the ham license and you'll be fine. For all this supposed reign of terror against radios/scanners in the car, not much of it seems to make the papers.

And you can take my word for it, Florida is an Open Public Records Law State to the point where Police Internal Affairs cases are public once the case is adjudicated. That's rarely the case anywhere else.

Were all these unjustified radio cases happening the media would love nothing more than to smear it all over the front pages.

 

[JoeyC]

Precisely. If Florida cops were as aggressive in comparison to other states cops you'd never hear the end of it in the media.

I dislike the LEO posers even more than the LEOs but I was just trying to delve into the psyche of a LEO to see why they have a problem. Maybe JoeyC will come back and fill the rest of us in.

The problems that you allude to do not exist in the psyche of the average LEO. It is a perception problem by people like rc and JC Douchebag from the youtube videos referenced earlier in the thread. JC, btw, is a well known police-baiter and annoyance to LEO in this area. The last thing SDPD would do is get into a physical confrontation with him as he is just itching to sue and become famous. He is anything and everything BUT a news agency and has plenty of baiting videos to prove it.

The problems you see as aggressive policing do not seem to affect the majority of us, which is why I surmise that those of you that do have that perception do so because of prior negative encounters, most likely brought on by your own actions. Got caught with beer or a joint in your car as a teenager? Didn't like the cop telling you to turn down your music in the shopping center parking lot after somebody complained? There's likely something. You can tell me you are a model citizen until you're blue in the face but you were wrong somewhere along the line and a cop called you out on it, plain and simple and you can't let it go.

I spent a week in South Beach Miami in November 2013 and saw wild and crazy things in the streets that I am positive would have attracted a police present in most populated night-life areas, yet no cops to be seen ANYWHERE. I did see a few bike cops detaining a kid (also on a bike) because he was selling drugs, and the kid was being mouthy and obnoxious so yes, there were 4 or 5 big guys there for the scrawny mouthy punk. So what? that's not aggressive or overkill, just safe practices.
I also spent the week before all over Florida from the keys to Tampa and to W Palm (and the year before in the panhandle) and didn't get pulled over or harrassed. I even got lost and made a couple lane changes that were probably illegal because of all the stupid tolls, inadequate knowledge of which "pass" I had and my unfamiliarity with the area, but I wasn't hassled by the cops. If anyone is drawing so much attention to themselves as to warrant an interrogation by the police "for no reason" perhaps they should take a better look at themselves in the mirror.