Scanner ban?

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hotdjdave

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Illegal Frequencies

STiMULi said:
What is an illegal frequency?
Exactly!

The frequency 506.7875 MHz might be programmed into a radio in which in one part of the country for business use; take that same radio to another part and it might be the local police. That does not make it illegal.

If there is anything illegal, it would be the wrongful use of a frequency (e.g. knowingly transmitting on a public safety frequency where (geographically) that frequency is specifically for public safety or listening to a public safety frequency and using that information in the commission of a crime).

As far as I know, there are no "illegal" frequencies. And if someone says "cell phone and cordless phone frequencies," the frequencies are not illegal...we use them every day to make calls on our cell phones and cordless phones.
 

jparks29

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STiMULi said:
What is an illegal frequency?

I was referencing some laws made by state/county(L.A. stands out) that restrict the ability to recieve, or have programmed,frequencies that are used(or licensed to) a public safety agency....

some states,counties,etc the posession of a scanner in of itself is illegal, in others, posession isnt illegal, but listening/programmed to listen, is illegal...

as an example...




13.10.010 Shortwave radio receiver defined.

As used in this chapter, "shortwave radio receiver" means and includes any radio receiver or other device capable of receiving messages or communications transmitted on any radio transmission station operating on a frequency between 1600 kilocycles and 2500 kilocycles, or on a frequency between 30 megacycles and 40 megacycles, or between 150 megacycles and 160 megacycles. (Ord. 5462 § 1, 1950: Ord. 4322 § 1, 1944.)

13.10.020 Installing or using shortwave radios in vehicles prohibited without permit.

Except as provided in Section 13.20.050 of this chapter, every person who, without obtaining a permit from the sheriff or from the forester and fire warden authorizing him to do so, equips any vehicle with, or operates any vehicle equipped with, a shortwave radio receiver, is guilty of an infraction. (Ord. 83-0066 § 90, 1983: Ord. 5462 § 2, 1950: Ord. 4322 § 2, 1944.)

13.10.030 Permit -- Issued by forester and fire warden -- Conditions.

The forester and fire warden may issue permits for equipment of vehicles with shortwave radio receivers which can receive messages broadcast by the forester and fire warden, and for the operation of vehicles so equipped in accordance with the terms and conditions prescribed by him, if he finds as a fact that the operation of such vehicle so equipped will be of material aid to the forester and fire warden in the performance of his duties. (Ord. 5462 § 3, 1950: Ord. 4322 § 2.5, 1944.)

13.10.040 Permit -- Issued by sheriff -- Conditions.

The sheriff may issue permits for equipment of vehicles with shortwave radio receivers other than those described in Section 13.20.030 of this chapter, and for the operation of vehicles so equipped in accordance with the terms and conditions prescribed by him, if he finds as a fact that the operation of such vehicle so equipped will be of material aid to the sheriff in the enforcement of the laws of the state or the ordinances of this county. (Ord. 5462 § 4, 1950: Ord. 4322 § 3, 1944.)

13.10.050 Exemptions from permit requirements.

The provisions of Section 13.10.020 of this chapter do not apply to:

A. A vehicle owned or operated by the United States, the state of California, any county, city and county, or municipality of this state, or any subdivision, agency or instrumentality of the foregoing if the department head or other governmental officer in responsible control over the operation of such vehicle has expressly ordered, authorized or approved the use of a shortwave radio receiver therein;

B. Any vehicle owned or operated by a person or association of persons licensed by the Federal Communications Commission to operate a fixed or mobile shortwave transmission station, one of the authorized purposes of which is to communicate by radio with such vehicle or with other vehicles owned or operated by such person or association. The owner of such vehicle coming within the foregoing exemption shall inform the sheriff of such use and give him the license number of the vehicle. Failure to do so is a misdemeanor;

C. Mobile telephone equipment for use in conjunction with communication service furnished by public utilities under the jurisdiction of the Public Utilities Commission of the state of California or the Federal Communications Commission. (Ord. 4861 § 1, 1947; Ord. 4322 § 4, 1942.)





AND........for the city of Los Angeles...



SEC. 52.44. WILLFULLY LISTENING TO POLICE AND FIRE

DEPARTMENTS’ PORTABLE RADIO MESSAGES –

PROHIBITED.



It shall be unlawful for any person to willfully listen by means of any radio

receiving device located in or upon any vehicle to any official message which

is being transmitted by the Police Department or Fire Department of the City

of Los Angeles or any law enforcement agency over a radio transmitting

station owned or operated by such city or agency. The provisions herein shall

not apply to any person to whom a permit to listen to such radio messages has

been issued in writing by the Chief of Police of the City of Los Angeles after

he determines that public interest will be served by the issuance of such

permit, nor shall the provisions of this section apply to any officer, agent, or

servant of any government agency or public utility, the performance of whose

duty as such officer, agent or servant, requires that he listen to such messages.
 
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kb2vxa

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Hi jparks and all,

"are you kidding me??"

Not one bit!

"that's the most asinine thing I've heard in a while......"

I totally agree but ya ain't heard the end of it yet.

"so, you're telling me, that joe officer is going to..

a."observe" that I have Motorola Spectra's in my car.
b.demand proof that I don't have public safety frequencies in my Spectra.
c.impound my vehicle, remove the Spectra's.
d.take the Spectra's to their radio shop to determine wether or not I have PS frequencies in them..
(assuming I'm in a state that doesnt allow PS programmed frequencies)"

Not quite, but here's the story of a lovely lady... uh, that's The Brady Bunch. OK, I'll try to keep it short. A friend was stopped at a light chatting on his CB when a low band equipped police car pulled alongside, a moment later the officer pulled him over and claimed he was transmitting on his frequency. The CB was confiscated and taken to radio repair where some moron crushed several components while supposedly trying to find out how it could transmit on the police frequency. It then spent several months in the property room before his lawyer finally got it returned but later failed to successfully sue for damages. The windup is the poor guy ended up with a destroyed radio, SOL. Later that year we got revenge BIG TIME but that's another story of Radio Active Man vs. The Police.

(My apologies to Sting and Matt Groening for the stolen comic book.)

Unfortunately I have no current news about hams vs. The State of New York and the city of Rochester in particular but I can tell you there's a riot going on in cellblock number nine. How unfortunate some of you don't understand the gravity of the situation particularly in this post 9-11 world. Although the CB incident occured in the early '70s this sort of thing is nothing new, it's only gotten worse. There is a brighter side of course as I have also mentioned but there is a REASON why I always say "when in doubt don't, leave the scanner at home". Even in that brighter side I DID mention an old curmudgeon, must have been thinking of that cop.

Edit Re: Stimuli;
"What is an illegal frequency?"

I may have opened a can of worms with that one but please take note that I put the phrase "illegal frequency" in quotes as not to be taken literally but allegorically. There's no such thing as an illegal frequency but it is illegal to monitor them under certain specific circumstances as outlined by jparks.
 
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STiMULi

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kb2vxa said:
Hi jparks and all,

"are you kidding me??"

Not one bit!

"that's the most asinine thing I've heard in a while......"

I totally agree but ya ain't heard the end of it yet.

"so, you're telling me, that joe officer is going to..

a."observe" that I have Motorola Spectra's in my car.
b.demand proof that I don't have public safety frequencies in my Spectra.
c.impound my vehicle, remove the Spectra's.
d.take the Spectra's to their radio shop to determine wether or not I have PS frequencies in them..
(assuming I'm in a state that doesnt allow PS programmed frequencies)"

Not quite, but here's the story of a lovely lady... uh, that's The Brady Bunch. OK, I'll try to keep it short. A friend was stopped at a light chatting on his CB when a low band equipped police car pulled alongside, a moment later the officer pulled him over and claimed he was transmitting on his frequency. The CB was confiscated and taken to radio repair where some moron crushed several components while supposedly trying to find out how it could transmit on the police frequency. It then spent several months in the property room before his lawyer finally got it returned but later failed to successfully sue for damages. The windup is the poor guy ended up with a destroyed radio, SOL. Later that year we got revenge BIG TIME but that's another story of Radio Active Man vs. The Police.

(My apologies to Sting and Matt Groening for the stolen comic book.)

Unfortunately I have no current news about hams vs. The State of New York and the city of Rochester in particular but I can tell you there's a riot going on in cellblock number nine. How unfortunate some of you don't understand the gravity of the situation particularly in this post 9-11 world. Although the CB incident occured in the early '70s this sort of thing is nothing new, it's only gotten worse. There is a brighter side of course as I have also mentioned but there is a REASON why I always say "when in doubt don't, leave the scanner at home". Even in that brighter side I DID mention an old curmudgeon, must have been thinking of that cop.

Edit Re: Stimuli;
"What is an illegal frequency?"

I may have opened a can of worms with that one but please take note that I put the phrase "illegal frequency" in quotes as not to be taken literally but allegorically. There's no such thing as an illegal frequency but it is illegal to monitor them under certain specific circumstances as outlined by jparks.


No offense but could you use the (QUOTE) (/QUOTE) instead of "comment comment" It makes it tough to figure out who says what (Quote with the brackets [] of course)

I can see a previous post a potential won court case by calliing between 150 megacycles and 160 megacycles. shortwave :)

Become a HAM and stop worrying about illegally programmed frequencies :)
 

KM5LZ

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IN. State law on scanners

Go-24 said:
My state has a law against mobile scanning, as such I have never taken it out of the home.

When I lived in Indiana the law was that if you were a amateur radio operator with at least a Tech. license you could use one any palce in the state. Or had the local sheriff sign a permit to use a mobile scanner in that county.

KM5LZ
 

Rover

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I have only been bothered twice and then just watched closely. Both were retail stores and I think they thought I was an inspector or something. Once at a home depot I was listening too the local PD and a lady was concerned that I was "listening to police frequencies", I explained the legal regulations, and my interst in Ham radio and communictions. Since then I use a earphone and might get an occasional look but no problems so far. It seems the earphone fits into the GRMS/FRS/I-pod crowd. It seems hearing comms in public freaks out some folks.....So I keep it discreet ....Take Care....73s
 

SCPD

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I take handheld amateur radios with me almost everywhere, however, I don't live in an urban environment and I haven't been on an aircraft or in a major airport since 1996. The radios are usually a Kenwood TH-F6 or a Yeasu VX-5 and when people even acknowledge it is there, they say something like "what an unusual cell phone."

I don't have the volume up enough for even me to hear it clearly, but just enough to detect the changes in tone and rythm of speech that may indicate someone needs help. In rural areas our repeaters cover both isolated roaded country and designated wilderness areas that don't have cell phone coverage, I've helped out some people who were caught in what they termed "unexpected snowstorms." In addition our phone system goes down about 2-3 times per year due to cables being cut, overloads during heavy occupancy of our resort community, and extreme winter weather. The last time I was a first responder in a restaurant where someone collasped and having to do CPR came to mind, I speculated about this happening when the phones had just crashed. So I carry the ham radio even if I don't turn it on.

When I visit urban areas I've been asked by some security personnel in some locations what type of radio I have and when I reply "it's a ham radio" they don't pursue the situation any further. Some even ask what ham radio is or assumed all of ham radio involves big base stations and/or Morse code and are surprised to learn what an amateur handheld is capable of. The conversations I've had with law enforcement officers, security guards, and people in general after they ask me what I have on my belt have all been nice conversations. Most of these people have had some interest in radio before they asked me and have appreciated me explaining some basics.

I was once asked by a police officer about whether the radio was capabale of receiving their radio system. I replied yes, it is capable of receiving just about everything except cell phones, but that I usually scan natural resource and fire agencies as I'm retired from the U.S. Forest Service and like to keep up with what is going on. That led into a conversation that started with the words "I thought about being a forest ranger when I was in high school, then . . . . . ." followed by lots of questions. If I had a penny for everytime I've heard that phrase I could probably buy everyone on this forum a new digital scanner.

I'm discrete about my use of it and don't tend to draw attention to myself whether I'm carrying a radio or not. I would rather freely exercise my rights to enjoy my hobby than sneak around using some kind of earphones. I find that being open and honest has served me quite well over the years and maybe I've just been lucky. Then again my hair turned almost completly gray when I was 42 after a transition of about 2-3 years. It was interesting how much more respect I seemed to receive after that happened. It made my job easier and being a smart fellow, I milked it for all it was worth. The job was difficult and I could use all the help I could get. Perhaps this same trend has worked for me off the job as well.
 

jparks29

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Rover said:
...Once at a home depot I was listening too the local PD and a lady was concerned that I was "listening to police frequencies"....

Just tell her your friend is robbing a bank, you're in there waiting for him to call you to come pick him up.....and the scanner is to make sure "the cops, or some nosey woman,doesnt get in the way"........lol
 

Eng74

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I have never had a problem with haveing a scanner anywhere. I use an earphone when I need to and if it is somewhere I do not need to use one then I do not. The only time I had someone start to question my use of it was at a mall in in north Orange County, Ca and had a young mall cop give me the follow around then started with the can I help you and I said no I fine can I help you with something? He made a coment about my radio and and I told him I am a firefighter and was listening to the brush fire that was going on outside and I walked away.
 

loumaag

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kb2vxa said:
...Once again as if I haven't said it enough, hams are NOT EXEMPT no matter what you have heard to the contrary! What IS exempt is the RADIO, PROVIDED it's not used to receive public service frequencies. All modern 2M 1.25M and 70cM ham rigs are capable of receiving out of band and can receive public service frequencies and ONLY the CAPABILITY is exempt, not the USE as in if and when it is used to receive them. If it is used as a scanner it IS a scanner under the law and subjects you to the same penalties and STILL you cannot have a scanner in the car for the same reason. If the law says no scanners it MEANS no scanners, period. ...
Do not apply what you may be used to (in the Northeast) across the board. It would depend on the state. Let us take South Dakota for example, since I pretty familiar with it. In short, you may not have a scanner in a vehicle; you may not have a scanner in a business without a permit issued either by the state or the local sheriff. This is covered in detail in several paragraphs in the state statute; however, one paragraph plainly states that the entire section does not apply to licensed amateur radio operators. Hence there is one example where the radio is not the object but the person is, a ham license in South Dakota exempts the ham from the law.

That said, please get back to the original poster's question, which is related by not specifically about laws.
 

1979lee

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VernM said:
mciupa said:
Banned or ejected ? :confused:

....
Transit systems, railroads and airports don't take kindly to people who are intercepting their operations/communications....

The only people who "don't take kindly" to people listening to them talk, either in person or by radio, are people who have something to hide. Stand up to them now or prepare to have your radios confiscated or legislated out of your hands by a government that seems to have more and more that it can't or won't explain to its taxpayers and electorate.

(From a radio/scanner listener/former newsman for more than 50 years)



DAMN RIGHT!!!
 

layjohn

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I'm interested in which states specificaly ban scanners in vehicles. Not whether it's right, wrong or even indifferent.
 

zr700cat

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I never had any trouble, but then again I go CIA-style also. I done this at the airport and even watched Bush's Motorcade from the sidewalk in 2004 with Secret Service everywhere.
 

K9JLR

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This topic seems to reappear every now and then…perhaps we need a sticky with permanent advice or suggestions in it?

Total scanner ban…probably not very likely and bordering on a paranoia-type opinion (I’ve changed my tune on this in recent years as I see no evidence that a total scanner ban is imminent – where’s the real proof?)

You could get some hassle, depending on where you are using a mobile/portable scanner. Some simple solutions as I see it:

1. Check the links that have already been provided. If a state that you live or travel in has some sort of scanner legislation on the books that restricts their use, follow the instructions and better yet….leave the scanner home or gamble and risk the consequences.
2. If you’re not already licensed, consider getting your ham license. While obtaining your license simply to own a scanner is not the intended purpose of amateur radio by any means, it gives you the theoretical (I know, I know…but let’s keep this simple) right to own and operate a scanner and other radio equipment anywhere in the U.S. If you obtain a ham ticket and your state offers special amateur radio plates, go for it…added bonus anyhow!

The bigger threat as I see it comes from criminals, whackers and other “scumbags” using scanners to either evade police enforcement or ambulance chase. These folks give the 99% of law-abiding scanner owners/operators a bad rap and thus lead to the anti-scanner attitude by some in the law enforcement and legislative communities. This is a growing problem and I’ve noticed it getting worse. All you have to do is talk to some LEO’s or read some of the anti-scanner posts that circulate on the law enforcement forums. Check this out if you want a taste of what I am talking about: http://forums.officer.com/forums/showthread.php?t=39614
The criminals and ambulance chasers are the reason most if not all anti-scanner legislation is on the books and the reason that many agencies want to go trunked, digital and/or encrypted to avoid these hassles. These aforementioned folks are the real threat to our enjoyment of the hobby, not the Patriot Act, the FCC, President Bush, Big Brother or your radio-hating wife.
 
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kb2vxa

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Hi El Zed and all,

"When I lived in Indiana the law was that if you were a amateur radio operator with at least a Tech. license you could use one* any palce in the state."

*By "one" you mean a ham rig and I presume a scanner as well, either tuned to public service frequencies. You are quite correct, I was well informed by someone in a PM whose name I do not recall. That's Indiana and I applaud them for being ham friendly inasmuch as they recognize our need for interoperability while performing in the public service.

I thought I had made it clear but aparantly I didn't that I was talking about the lack of federal preemption. The feds usually respect "States Rights" and are hesitant in enacting laws preempting state, county, and local statutes and ordenances and especially private agreements such as the dreaded property CC&Rs and HOA Nazis who want every house in the development to look perfectly alike and absolutely freak at the very thought that one may sprout an antenna. (kill) State legislation is moving in our favor but I digress...

Edit;
Thanks Tango Mike Alpha for the link, it gave me something to point out. "Whackers" aren't the only ones who get first responders hot under the collar, one of the posts indicated the "vollies" (VFD) can be a nuisance too. It gets worse, MUCH worse! A few years ago I lived in a town with a VFD and one got the call while fueling up. He barrelled out of the gas station onto the highway oblivious to his surroundings and got T boned, the wreck was so bad they called mutual aid to deal with it and had to cut him out in critical condition. The occupants of the truck were only slightly injured but this unfortunate fellow learned the hard way that one can be just a mite overzealous.
 
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traumacop

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Vollies?

I think it is great that when in need, no one recognizes the "V" in front of the "FD" and the fact that the crew in street clothes probably just left their family from dinner to bail someones *ss out of situation that could have been handled if they would have taken a community First Aid and CPR class.

Having been a firefighter for 16 years, paid and volunteer, I can say that there is a difference between a whacker and a volunteer. Whackers are wanna be and a volunteer firefighter is an amma be.

Another thing I fail to recognize is for some reason the "V" makes you a lesser professional. At my ( I'm the Chief and can say that now) FD, the guys in my ranks are Paramedic Instructors, Fire Instructors, WMD Instructors and are on several committees and teams that form operations countywide.

Crazy as it sound, I consulted with a plumber the other day during some renovation project and couldn't understand when he wouldn't do the work for free. The majority of Ohio and the US for some reason is volunteer by majority, FD speaking, and most of the tax payers would be appalled to be asked for a tax increase to change their local agency from volunteer to paid. I sometimes have to ask myself why I give free time back to my community when the majority of other citizens are sitting in the Layzboy falling asleep to the tube.

That being said;

I was going to chime in on the first page of this thread and am glad I waited now.
I always carry a radio or voice pager for the FD. Who cares what kind of sound comes from it when I can't sit in a restaurant or movie theater without the sound of pagers, cell phones or Nextel conversation going on loud enough to hear it a football field away. I don't care about looking like someone in the observers past or imagination (I'm married now), nor do I care to try to be discreet. If I'm in a noisy environment I put in an ear plug, Bluetooth so it looks like I fit in with the others. If I'm running into a store just long enough to grab a flick and beer then it's whatever I can grab while jumping out of the car. If it's too loud, so be it. I may be trying to get the heads up on a call that I know the local municipality (paid) is going to need help with.

As far as driving, I may be as guilty as the local paid law enforcement but for the most part try not to get into too much of a hurry. I find that driving issues are an individual problem not a departmental or salary status problem. However, I have never had anyone complain that we got their too quick to save their relative, in-laws don't count.

Be safe



PS. They’re gonna be pissed when I post this on the police forum.
 

b52hbuff

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KB9TMA said:
This topic seems to reappear every now and then…perhaps we need a sticky with permanent advice or suggestions in it?

Total scanner ban…probably not very likely and bordering on a paranoia-type opinion (I’ve changed my tune on this in recent years as I see no evidence that a total scanner ban is imminent – where’s the real proof?)

A title can only be so descriptive. ;)

The original idea for the thread came from recent experience in airshows. There was no consistency in the no-HT rule and some folks didn't get to bring their radio into the show. Then the thread strayed into other venues that my prohibit you from bringing you a radio.

so the intent wasn't to rehas state law. The intent was to hear from specific folks to understand if there were specific instances of folks being hasseld or denied entry with their radios...
 

Al42

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jparks29 said:
13.10.020 Installing or using shortwave radios in vehicles prohibited without permit.

Except as provided in Section 13.20.050 of this chapter, every person who, without obtaining a permit from the sheriff or from the forester and fire warden authorizing him to do so, equips any vehicle with, or operates any vehicle equipped with, a shortwave radio receiver, is guilty of an infraction. (Ord. 83-0066 § 90, 1983: Ord. 5462 § 2, 1950: Ord. 4322 § 2, 1944.)
...
13.10.050 Exemptions from permit requirements.

The provisions of Section 13.10.020 of this chapter do not apply to:
...
B. Any vehicle owned or operated by a person or association of persons licensed by the Federal Communications Commission to operate a fixed or mobile shortwave transmission station, one of the authorized purposes of which is to communicate by radio with such vehicle or with other vehicles owned or operated by such person or association. The owner of such vehicle coming within the foregoing exemption shall inform the sheriff of such use and give him the license number of the vehicle. Failure to do so is a misdemeanor;
Since federal law supercedes this, and federal law holds that superceded local law is void, this section is void by federal law.
 
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