Question about the SD State System

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INDY72

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As I may be riding with my Brother In Law through SD sometimes this summer, I was wondering if the SDHP ID's are analog, or digital?
 

loumaag

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Hello milf, we meet in the strangest places. :lol:

1. The entire system is 100% APCO 25 Digital modulation, but on a 3600 baud CC.

2. Mobile use of any radio receiver capable of intercepting law enforcement transmissions is illegal in the state. Exceptions are if you have a permit issued or you hold a valid ham radio license. This is enforced, in some places a lot, in others not much. On the spot confiscation of equipment is permited by the statue.

As your 2052 will not have much use here anyway (for the state system), you may as well leave it in the trunk.
 

INDY72

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Oh it will be sitting in the rack with the CB, and the Company Radio in the cab of the 18 wheeler, but it will be off for that state. TY for the info.
 

loumaag

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milf said:
Oh it will be sitting in the rack with the CB, and the Company Radio in the cab of the 18 wheeler, but it will be off for that state. TY for the info.
On or off, it will still be confiscated if spotted. Since you will be in the cab of a vehicle that has to stop at the inspection ports/scales you better do a better job of making sure it isn't seen. Take a look at this: http://www.rapidnet.com/~scansd/scanlaw.html
 

scannerfreak

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The possession of any receiving set or converter described in §23-4-2 in any vehicle or business establishment, without permission pursuant to §23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.


Wow, you can't even have it in your buisness. Talk about strict rules!
 

JoeyC

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scanner_freak said:
The possession of any receiving set or converter described in §23-4-2 in any vehicle or business establishment, without permission pursuant to §23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.


Wow, you can't even have it in your buisness. Talk about strict rules!

Sounds like a lot of B$ to me. Is this an new law or has it been on the books forever? What I'd really like to know is why the possession of a ham ticket automatically "legalizes" the user? I guess the average joe schmoe is assumed a law breaker in SD, but a ham operator could do no wrong.
 

loumaag

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JoeyC said:
Sounds like a lot of B$ to me. Is this an new law or has it been on the books forever? What I'd really like to know is why the possession of a ham ticket automatically "legalizes" the user? I guess the average joe schmoe is assumed a law breaker in SD, but a ham operator could do no wrong.
I think the law has been on the books since the 1960's. Ham operators are not people who can "do no wrong"; however, as a group they are a federally licensed radio service for the purpose of providing a public service and emergency communications in time of need. That is the reason most states that have any restrictions of such activities automatically exempt ham radio operators.

As to if they are enforced, try this 2003 AP wire story: http://www.aberdeennews.com/mld/aberdeennews/news/6858271.htm
 
N

N_Jay

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JoeyC said:
scanner_freak said:
The possession of any receiving set or converter described in §23-4-2 in any vehicle or business establishment, without permission pursuant to §23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.


Wow, you can't even have it in your buisness. Talk about strict rules!

Sounds like a lot of B$ to me. Is this an new law or has it been on the books forever? What I'd really like to know is why the possession of a ham ticket automatically "legalizes" the user? I guess the average joe schmoe is assumed a law breaker in SD, but a ham operator could do no wrong.

Yep, do we have any RICH scanner fans to take this to court.

The problem with "codes" is they are put into effect with little legal review.

I would guess either someone in the department drafting the code was a ham, or the code they were copying from already had the exclusion.

Did you notice that they only outlaw FM receivers. A digital only scanner would be legal. :twisted:
 

JoeyC

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loumaag said:
JoeyC said:
Sounds like a lot of B$ to me. Is this an new law or has it been on the books forever? What I'd really like to know is why the possession of a ham ticket automatically "legalizes" the user? I guess the average joe schmoe is assumed a law breaker in SD, but a ham operator could do no wrong.
I think the law has been on the books since the 1960's. Ham operators are not people who can "do no wrong"; however, as a group they are a federally licensed radio service for the purpose of providing a public service and emergency communications in time of need. That is the reason most states that have any restrictions of such activities automatically exempt ham radio operators.

As to if they are enforced, try this 2003 AP wire story: http://www.aberdeennews.com/mld/aberdeennews/news/6858271.htm

Interesting article. Mr Schwabs statement "A scanner may be used to subvert the law," is meaningless. Put in the proper context, ANYTHING can be used to "subvert" (as he puts it) the law. Any type of motor vehicle, hats, sunglasses, radar detectors, changes of clothing that maybe in a vehicle. Sounds like an overly paranoid law to me, glad I'm not a part of it!
 

Thunderbolt

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I read in some newspaper many years ago that some barbershop owner, who was an ex-Navy officer, was arrested for having a scanner in his place of business. Apparently, he moved to a town in southwestern S.D., and purchased his uncle's business thinking it would be a great idea to have a scanner in his shop, since many of his customers were volunteer EMS and firemen. However, this did not go over at all with the new assistant police chief.

Apparently, the assistant chief came into the barbershop to have a haircut before he went on patrol that night. After he was finished, he left the place and came back 20 minutes later with a patrol officer and arrested him. However, the judge threw the case out because the scanner was in the backroom with a remote speaker, but the chief in haste to make a name for himself, did not obtain a proper search warrant for the premises. He testified that he "heard the scanner, but did not actually see it."

Thankfully, the case was thrown out of court, but the owner took the scanner home to avoid any further problems.

What would anyone here do in a situation like this?

73's

Ron
 

Thayne

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Maybe the SD Congressman who gets buzzed up and speeds through stop signs should run for Atty General and buy a radioshack--Selling confiscated scanners might pay better than selling sno cones at Mt. Rushmore :wink:
 

loumaag

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Thayne said:
Maybe the SD Congressman who gets buzzed up and speeds through stop signs should run for Atty General and buy a radioshack--Selling confiscated scanners might pay better than selling sno cones at Mt. Rushmore :wink:
:lol: :lol:

Seriously, as I said earlier in the thread, the enforcement of this is spotty. This is good and bad (at least for me), this means that, mostly, anyone can get away with it as there isn't a lot of officers going around "looking" for scanners in vehicles. However, not a lot of enforcement also means that if I get stopped for some reason, I better hope the officer stopping me is aware the law doesn't apply to licensed ham radio operators. :?
 

greenthumb

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Thayne said:
I better hope the officer stopping me is aware the law doesn't apply to licensed ham radio operators. :?

Well, actually *the officer* should hope he is aware that the law doesn't apply to licensed amateur radio operators. That is why this great country created civil lawsuits :) LOL
 

T90A

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loumaag, HI

I see your in Sisseton and your also a ham! :)

Do I know you?

I monitor 146.880
I use to be preaty active. The last 3-4 years I have not been on the air at all.
I'm just starting to get back into it.

Was just up at the candy story in Watertown.
Been a long time. :)

Looks like your preaty active on the forums.
How long have you been in Sisseton?
 

loumaag

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Re: loumaag, HI

T90A said:
I see your in Sisseton and your also a ham! :)

Do I know you?

I monitor 146.880
I use to be preaty active. The last 3-4 years I have not been on the air at all.
I'm just starting to get back into it.

Was just up at the candy story in Watertown.
Been a long time. :)

Looks like your preaty active on the forums.
How long have you been in Sisseton?
Yes, in Sisseton, since last May. I am on 146.880 whenever I am upstairs in the office or in the mobile (but it is a pretty quite machine), I think I talk on it more than Percy. I too was at the store, today as a matter of fact. And yes I am pretty active in the forums, but then again I am an administrator on the site. Since you know I am a ham, give me a call on the repeater, if I am upstairs, I will respond. :D
 
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