just curious, has anyone actually had any problems with the Florida law prohibiting a scanner in the vehicle?
scanner laws
- Thread starter Ilikeradiostuff
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Long story short, Tampa PD, a department I used to work for, attempted to cite me for it a few years ago. I explained the media and FCC license exemptions. He didn't believe me so he had to look it up. He was pretty mad going into the encounter so he surely would have filed charges otherwise.
I talked to a relative who is a really smart paralegal so I found a sorta loophole thanks
wtp
Member
i had a long talk with a sheriff's sergeant one night when someone thought the scanner was a knife i was holding up at my girlfriend.
i showed him the 396T that was now scanning local ham frequencies.
he turned the volume knob and punched some of the buttons but it kept scrolling 'HAM' he gave up and said to if you were a ham we would be done right now. i said i was on the way to become one. he handed me the radio and said "get it done" with a smile.
Port Charlotte Florida if you could not tell.
i showed him the 396T that was now scanning local ham frequencies.
he turned the volume knob and punched some of the buttons but it kept scrolling 'HAM' he gave up and said to if you were a ham we would be done right now. i said i was on the way to become one. he handed me the radio and said "get it done" with a smile.
Port Charlotte Florida if you could not tell.
TailGator911
Silent Key/KF4ANC
Most states exempt FCC licensed amateur radio operators for having scanners in their cars. Most LEOs are not aware of that clause in the law. I lived in Florida for 22 yrs just north of Tampa in a little town called Holiday out in the swamp country, never had a problem with LEOs in that area. I did have a run in once while visiting Montgomery AL when I took my son to Danfield (?) airport to watch the Air National Guard choppers practice vehicle aned cargo pickups. Long story short, he wanted to confiscate my BC200XLT and I demanded his supervisor. Half hour later he was ordered to apologize to me and give me my scanner. What an ordeal, ruined our day. Not all LEOs are on the same page with FCC laws, to be sure.
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We have covered this topic for years on the Florida forum.
1) There are NO Loopholes.
2) Have an amateur radio license OR
3) Bonafide REAL GOVERNMENT ISSUED ID for LEO, Fire, or EMT/Paramedic. NOT a private ambulance or security company NOPE, OR
4) Bonafide REAL PRESS/MEDIA ID.
4) Use a Handheld NOT permanently mounted and have it in the off position when approached by LEO. Don't be that idiot and come upon a scene with it sitting on the dashboard.
1) There are NO Loopholes.
2) Have an amateur radio license OR
3) Bonafide REAL GOVERNMENT ISSUED ID for LEO, Fire, or EMT/Paramedic. NOT a private ambulance or security company NOPE, OR
4) Bonafide REAL PRESS/MEDIA ID.
4) Use a Handheld NOT permanently mounted and have it in the off position when approached by LEO. Don't be that idiot and come upon a scene with it sitting on the dashboard.
edweirdFL
Member
I found a story in a Miami newspaper that was archived on line that had some folks who were arrested on burglary charges also get charged with the Florida statute that covers having a scanner while committing another crime. They caught another charge for possession of burglary tools for other items found in the car at the time of arrest.
That was the only thing I could find when I searched but suspect the best chance of having an issue, is to be arrested for something else and have it tacked on as a secondary charge.
That was the only thing I could find when I searched but suspect the best chance of having an issue, is to be arrested for something else and have it tacked on as a secondary charge.
It states the scanner programmed to local fcc allocated frequencys, my scanner CAN be programmed to them but what if I just press a button and wipe the programming so it isnt listening to them
wow!! thanks for the story, I cannot imagine small towns have that many problems with it, wouldn't be surprised if big citys were crazy about it, I'm in Birmingham al north of Montgomery didnt think there was any problem with monitoring that
wtp
Member
i forgot to add i am now a ham, have been for since 2013.
the above story was from around 2010
the above story was from around 2010
zlandmedia
not that florida man
If the scanner is capable of listening to police frequencies and other emergency services, then it is not legal while in a vehicle. Just because you don't have them programmed in or wipe the programming does not mean that it eliminates the ability to still listen to them.
Hmm. I don't know that I would be making a lot of assumptions about how this officer might react in this location under this circumstance. The assumption I would make is that if you're caught, you're caught. If shown mercy, take it, but don't assume it beforehand.
And don't drive around with it either (at least in plain view) as it is also illegal to transport a police capable radio in a motor vehicle in Florida, whether it is installed or not.
Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
This forum has over a million and a half registered users. I think half are "jailhouse" lawyers. Prior police contacts should not carry much weight. Any given police officer may know what a scanner is but doesn't care, or, the officer may not be familiar with scanners at all, or, knows what a scanner is, thinks he can change the world and wants to nail you to the cross. It's a toss-up.
The bottom line is, if it's against the law to have a scanner, don't do it. If you have a scanner and are traveling through a state that prohibits them, put it in a lock box in the trunk, Under those circumstances, the officer will likely need a search warrant to get in the box.
(For the record, I'm not a lawyer but I was the legal advisor for a medium sized LE agency for 23 years and taught search warrants in the state police academy for 21 years.)
The bottom line is, if it's against the law to have a scanner, don't do it. If you have a scanner and are traveling through a state that prohibits them, put it in a lock box in the trunk, Under those circumstances, the officer will likely need a search warrant to get in the box.
(For the record, I'm not a lawyer but I was the legal advisor for a medium sized LE agency for 23 years and taught search warrants in the state police academy for 21 years.)
An addition I'd like to suggest is also looking at distracted driving laws, too. Yeah, I know these were initially intended to address cell 'phone use but I also heard--and I kid you not--a woman was given a ticket in Florida for having her pet dog in the front passenger seat of the car. The officer said that the act of petting the dog was causing distracted driving...(was it a case of the officer getting a bit too enthusiastic?)
A driver in DeKalb County, GA (I think) was cited for eating a cheeseburger. The judge dismissed it
I think a lot of scanner listeners who get caught up in this and at the same time give the sys admins fuel is people forget common sense, don’t broadcast to the world you have one, keep what you hear to yourself, just be smart
Some driver in AL years ago got pulled over while eating and got a ticket. I think it is against the law to eat while driving in AL.
Very true. Only people I know from regular people to LEO/FD know I have one.
TailGator911
Silent Key/KF4ANC
In these days and times, even as scanner sales go up along with the prices, paranoia prevails and people do not understand the hobby very well if they have no experience or association with it. It is always a good idea to monitor discreetly in public, as some people associate hand-held radios with law enforcement, or worse, with criminals and terrorists. If you are seen with a scanner, some people may jump to conclusions and think they are in the middle of some kind of undercover operation and therefore at a great risk if and when something goes bad. Worst case scenario: it might bring some unwanted attention to yourself in a very bad manner . Like if you're at a mall or department store such as Target or Walmart. Be discreet and cautious and wear an earpiece. I keep my scanner out of sight and utilize Bose earbuds if I am monitoring in public. Don't tick off the security folks. Nod your head like it's an iPod.
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