Looking over Nebraska's scanner law, what is your take on the wording? It appears that it only applies to individuals who listen to scanners, fixed or mobile, for the purpose of breaking the law or engaging on some other illegal activity. But do you think that this law could pose a threat to those who listen in the field for the purpose of filming fire apparatus and ambulances as a part of a hobby? The reason I ask is because I am a scanner owner and my hobby is to film emergency vehicles. My scanner is not programmed into any police channels - only fire and EMS. But how would you explain that to a police officer if you were pulled over?
Nebraska Scanner Law
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Kingmobileaudio
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As long your not using it to do something Illegal, you should be go to go.
But if your a ham, news, ff, or Leo you can use the scanner to do something Illegal and be okay <<<<<< lmao
But if your a ham, news, ff, or Leo you can use the scanner to do something Illegal and be okay <<<<<< lmao
SquierStrat
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on several occasions in the last decade police officers have seen me with a scanner. some situations good, some not so good. I have never been given any kind of grief for having it. My JT1000s on the other hand; im interested in seeing how it will go the first time im seen with one of those
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Most states have specifically worded Scanner laws and you can 100% bet that Amateur radio ops are exempt from the law.
Florida allows scanner use if you are a Ham, news, or a LEO going to and from work.
Florida allows scanner use if you are a Ham, news, or a LEO going to and from work.
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As long as you laminated your wallet amateur License and carry it with you. you JT's are safe as long as you have them programmed for ham use.
if a LEO, whose radio is on let's say a 400 MHZ system, keys his radio and it is heard on your JT's, you could be questioned but that's as far as it will go.
I am in the process of taking my bright yellow safety vest and having my call sign and Club name put on the front and back of it respectively and i am going to do the same with my orange and yellow t-shirts.
if i don't want to look obvious, i will always carry my ham license to show to any LEO who questions what I carry.
CAUTION: I would strongly recommend that you stay away from known activity centers of criminal intent because you could endanger your life if one mistakes you for a cop.
Kingmobileaudio
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Nebraska - (no changes noted in 2001 online statutes) - Illegal to use a scanner on person or in vehicle to interfere with police comms, to evade arrest, or for monetary or personal gain; but peace officers, Press, and those with written permission are exempt from this law, and thus, are allowed to use the scanner to those ends.
SquierStrat
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well, that would happen. Listening to my local police department is one of the things i do with them. they are not programmed to transmit though. If ever questioned i think i would simply attempt to key up the mic, and prove transmitting is disabled.. plus ill have a ham license in less then 2 months.
Dave_E
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Years ago, I worked for a security agency running a night patrol service. The patrol car had a scanner installed. As a matter of routine I monitored LPD while working as the company I worked for responded to alarms for an alarm company. Having the scanner going I got a heads up of an alarm and could start heading towards the alarm.
So one night, running a routine patrol and I heard of a break in and an officer down call. Beings that I was a few blocks from the down officer and seeing police car after police go racing past the downed officer, I pulled into the lot and stayed with the officer until his Sgt arrived, then took off to resume my patrol.
A few weeks later I was approached by an LPD Sgt who asked if I had been the security guy that stopped that night. I affirmed that I was and he wanted my name for his report from that night. I gave it to him, thinking nothing of it.
A week or so after that, my boss calls me into his office and hands me a letter from the Chief of Police , recognizing me for stopping and offering protection for the wounded officer. My boss was thrilled because of this letter.
Not long after that, I got stopped by and LPD cop who's first question out of his mouth was "is there a scanner in this car?" I said yes and he started getting all huffy with me, stating that Nebraska law forbid mobile scanners (note: mobile scanners to the best of my knowledge, had never been illegal in Nebraska).
I reached for a copy of the letter that his Chief sent to the office. The very last line inidcated that we had the police deptartments support of using scanners in our cars and that there were no problems with it. I handed that letter to the cop and his face filled with dejection.
The point? Cops are human. They can't and won't know all the laws, though they sure think that they do. What is legal to one cop, another cop may think illegal, as such you are subject to two different interpetations. So, there is no right answer, only wrong answers. It helps to know the law, even if you are aren't doing something illegal with the scanner.
Lately, I haven't even been giving a second look by cops when carrying my scanner. Some of them will ask me what brand it is, and we will get into a little radio talk. Most are pretty cool about it, but I guess there is always one or two who will give a person a hard time for a scanner.
So one night, running a routine patrol and I heard of a break in and an officer down call. Beings that I was a few blocks from the down officer and seeing police car after police go racing past the downed officer, I pulled into the lot and stayed with the officer until his Sgt arrived, then took off to resume my patrol.
A few weeks later I was approached by an LPD Sgt who asked if I had been the security guy that stopped that night. I affirmed that I was and he wanted my name for his report from that night. I gave it to him, thinking nothing of it.
A week or so after that, my boss calls me into his office and hands me a letter from the Chief of Police , recognizing me for stopping and offering protection for the wounded officer. My boss was thrilled because of this letter.
Not long after that, I got stopped by and LPD cop who's first question out of his mouth was "is there a scanner in this car?" I said yes and he started getting all huffy with me, stating that Nebraska law forbid mobile scanners (note: mobile scanners to the best of my knowledge, had never been illegal in Nebraska).
I reached for a copy of the letter that his Chief sent to the office. The very last line inidcated that we had the police deptartments support of using scanners in our cars and that there were no problems with it. I handed that letter to the cop and his face filled with dejection.
The point? Cops are human. They can't and won't know all the laws, though they sure think that they do. What is legal to one cop, another cop may think illegal, as such you are subject to two different interpetations. So, there is no right answer, only wrong answers. It helps to know the law, even if you are aren't doing something illegal with the scanner.
Lately, I haven't even been giving a second look by cops when carrying my scanner. Some of them will ask me what brand it is, and we will get into a little radio talk. Most are pretty cool about it, but I guess there is always one or two who will give a person a hard time for a scanner.
nzo012
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This pertains to Nebraska State law, each city may have other restrictions they have as well:
28-1312. Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition.
(1) Police radio set shall mean any radio set or apparatus capable of either receiving or transmitting radio frequency signals within the wavelength or channel now or which may hereafter be allocated by the Federal Communications Commission for the police radio service.
(2) A person commits the offense of interfering with the police radio system if he has in his possession or in any motor vehicle or equips or installs in or on any motor vehicle, any police radio set which:
(a) In any way intentionally interferes with the transmission or reception of radio messages by any law enforcement agency and hinders any such agency in fulfillment of its duties; or
(b) Intercepts such radio signals to evade or assist others in evading arrest; or
(c) Results in the use of such communication for monetary or personal gain.
(3) The provisions of subsection (2) of this section shall not apply to:
(a) Peace officers and members of a law enforcement agency which regularly maintains a police radio system authorized and licensed by the Federal Communications Commission;
(b) Any person who has permission in writing from the head of a law enforcement agency to possess and use any radio set or apparatus capable of receiving messages or signals within the wavelength or channel assigned to the agency granting the permission; or
(c) Legal newspapers as defined in section 25-523, or radio, television or cable antenna television stations licensed pursuant to law, monitoring messages of signals for news purposes only without rebroadcasting or republishing verbatim.
(4) Interfering with the police radio system is a Class I misdemeanor.
(5) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment possessed or used in violation of this section, and upon conviction of the person possessing or using such equipment, the court shall order such equipment destroyed or forfeited to the State of Nebraska.
28-1312. Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition.
(1) Police radio set shall mean any radio set or apparatus capable of either receiving or transmitting radio frequency signals within the wavelength or channel now or which may hereafter be allocated by the Federal Communications Commission for the police radio service.
(2) A person commits the offense of interfering with the police radio system if he has in his possession or in any motor vehicle or equips or installs in or on any motor vehicle, any police radio set which:
(a) In any way intentionally interferes with the transmission or reception of radio messages by any law enforcement agency and hinders any such agency in fulfillment of its duties; or
(b) Intercepts such radio signals to evade or assist others in evading arrest; or
(c) Results in the use of such communication for monetary or personal gain.
(3) The provisions of subsection (2) of this section shall not apply to:
(a) Peace officers and members of a law enforcement agency which regularly maintains a police radio system authorized and licensed by the Federal Communications Commission;
(b) Any person who has permission in writing from the head of a law enforcement agency to possess and use any radio set or apparatus capable of receiving messages or signals within the wavelength or channel assigned to the agency granting the permission; or
(c) Legal newspapers as defined in section 25-523, or radio, television or cable antenna television stations licensed pursuant to law, monitoring messages of signals for news purposes only without rebroadcasting or republishing verbatim.
(4) Interfering with the police radio system is a Class I misdemeanor.
(5) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment possessed or used in violation of this section, and upon conviction of the person possessing or using such equipment, the court shall order such equipment destroyed or forfeited to the State of Nebraska.
nzo012
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And here is Lincoln's City Ordinance...shortwave?? the original writing on this was 1936.
9.08.100
Permit to Equip Private Auto with Shortwave Receiving Set.
It shall be unlawful for any person, except police officers of the city, or other duly authorized or commissioned peace officers, to equip any automobile with a shortwave length radio receiving set or use the same in such automobile without first obtaining a permit therefor from the Chief of Police of the city. Before granting such permit, the Chief of Police shall require from the permittee a sworn, written statement that such radio receiving set will not be used to assist in the escape of any criminals or for any other unlawful purpose. (Ord. 15618 §10; July 9, 1990: P.C. §9.60.040: Ord. 3489 §36-204; July 6, 1936)
9.08.100
Permit to Equip Private Auto with Shortwave Receiving Set.
It shall be unlawful for any person, except police officers of the city, or other duly authorized or commissioned peace officers, to equip any automobile with a shortwave length radio receiving set or use the same in such automobile without first obtaining a permit therefor from the Chief of Police of the city. Before granting such permit, the Chief of Police shall require from the permittee a sworn, written statement that such radio receiving set will not be used to assist in the escape of any criminals or for any other unlawful purpose. (Ord. 15618 §10; July 9, 1990: P.C. §9.60.040: Ord. 3489 §36-204; July 6, 1936)
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KB7MIB
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New York state prohibits mobile use of scanners even by Hams. Your Ham radios can have out-of-band coverage that receives public safety frequencies, but you can't have a mobile or handheld scanner in your car in New York state.
scannerman71 said:
New York state prohibits mobile use of scanners even by Hams. Your Ham radios can have out-of-band coverage that receives public safety frequencies, but you can't have a mobile or handheld scanner in your car in New York state.
Dave_E
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I'm not so sure "educating" a cop is that good of an idea.
33kracing
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KB7MIB
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Wirelessly posted (Mozilla/5.0 (X11; Linux i686; U; en-US) Gecko/20081217 Vision-Browser/8.1 301x200 LG VN530)
It's all in how you educate them. Be absolutely polite, be friendly. If the officer doesn't want to hear what you have to say, don't push it. Accept the citation and present your case in court. Yea, that's a PITA, but if you argue on the side of the road
It's all in how you educate them. Be absolutely polite, be friendly. If the officer doesn't want to hear what you have to say, don't push it. Accept the citation and present your case in court. Yea, that's a PITA, but if you argue on the side of the road
KB7MIB
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Wirelessly posted (Mozilla/5.0 (X11; Linux i686; U; en-US) Gecko/20081217 Vision-Browser/8.1 301x200 LG VN530)
the officer may find some other infraction to cite you for, or even arrest you for. So always be polite and friendly. Courtesy usually goes a long way.
the officer may find some other infraction to cite you for, or even arrest you for. So always be polite and friendly. Courtesy usually goes a long way.
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