Scanners and the law

[Drafin]

I remember reading somewhere that if you have a police scanner on you and then comment a crime. It would add more charges. I know everyone here have no plan ever to do that, but that's just one other reason to tell the cop about the scanner. There are alot of laws and codes a police officer can ticket you or arrest you for if you get on his bad side.

This is my first post in along time and I am just getting back into scanners. So if you disagree with me go easy......

That would vary from state to state. I can only speak to NC. When I was a L.E.O., I never charged or heard of that being charged or even discussed in ANY way in training or in passing. I do not believe that such a law exists in North Carolina.

I believe that to be an urban legend but don't quote me on it.

Draf

 

[dwlyons]

Speaking for WV, I am unaware of any law preventing the usage of a scanner in a mobile application.

If my memory is correct, there were 2 states & the Dysfunctional Capital that prohibited usage in vehicles.

In so far as restrictive laws, federal code prohibits information garnered from the usage of a monitor/scanner for personal or monetary gain to be illegal. This law is a sort of “catch all” which has been construed to mean the use of information gather to farther another illegal activity.

 

[SAR923]

I only know California law, but the only state law concerning scanners is using one in the furtherance of comitting a crime. I know LA City has an old law on the books making any radio capable of picking up police frequencies illegal, but it's never enforced, and probably wouldn't stand up in court if it was

 

[RadioDaze]

Woop - woop - woop - Radio Police - pull over

When a cop sees 4 teenagers packed into a tinted Civic SI coupe at 3 in the morning, he's going to pull them over.

Asks me "What's the antenna for"? (Antenex Quarterwave)

My reply: "Boating Maritime Radio"

Him: "Volunteer Firefighter?"

Me: "Yep, all 4 of us"

Him: "Have a good night ;-)"

Well... that's an interesting dialogue.

That must have been some rookie of a cop. Does he think you can use a marine radio for volunteer firefighting duties? And he missed the fact that you'd need to be licensed as a coast radio station to use that type of radio on land, and only under very specifically described circumstances.

If I ever get pulled over, that's the guy I want.

 

[Drafin]

Does he think you can use a marine radio for volunteer firefighting duties? And he missed the fact that you'd need to be licensed as a coast radio station to use that type of radio on land, and only under very specifically described circumstances.

It's been my experience that a large percentage of LEOs have no clue about FCC rules and regs and the only thing they know about radios is if you push the button on the radio and talk (most times) someone on the other end answers. There is a smaller percentage of radio enthusiasts that are LEOs, but by and large they rightfully so, have other things on their minds. When it comes right down to it , unless there is a state law regarding the usage of a scanner or radio suspected violations are passed on to the FCC or other appropriate agencies. At least around here and as always YMMV.

Draf

 

[marileau]

carrying more than a scanner

I could understand the concept of charges of a crime and having the scanner with you. Crime other than traffic. Let me put this out there. What if you're carrying a listening device? By this I mean something called a shotgun mike. Anybody familiar with this and what it is?

 

[dwlyons]

Some states have had and will always continue to have laws that govern the reception of rf signals of some type. Virginia and again, the Dysfunctional Capital are perfect examples with their prohibition of radar detectors. Virginia has just recently changed their law prohibiting the usage, but so far as I know, DC is still in full enforcement mode. Their basis for any legal challenges to their laws has been the "reception of an rf signal for personal gain." The courts have upheld it in all cases.

 

[poltergeisty]

In colorado and 85% homebound, but I am curious. If I am stopped and carrying, can they use my scanner as probable cause to search my vehicle?

Don't see why... Sense having a scanner is not a crime (In CO.) then where's the probable cause? Unless you were in a situation that warranted probable cause to be used against you. And there are many excuses. :lol: Believe me! Of course, most people don't realize that they have the right not to be searched and yet they allow themselves. If they persist I would take a badge # and call the DA. See what he/she thinks.

I remember reading somewhere that if you have a police scanner on you and then comment a crime. It would add more charges.

It probably does vary state to state. So don't do it! :lol:
Instead, carry a cell phone/mobile device and a chime into a feed! :lol: J/K :wink: (Now can they search your cell phone? Depending on the crime I suppose.)

Even if "more" charges were not brought against you, the prosecution will have more ammo...

 

[Drafin]

It probably does vary state to state. So don't do it! :lol:
Instead, carry a cell phone/mobile device and a chime into a feed! :lol: J/K :wink: (Now can they search your cell phone? Depending on the crime I suppose.)

Even if "more" charges were not brought against you, the prosecution will have more ammo...

I gotta agree. More than likely the add on charge would be a bargaining chip for a plea on the bigger charge. It would more than likely be plead out and would end up being an aggravating circumstance of more serious charge.

Draf

 

[DozerD1]

I live n a smalltown, known most of deputies all my life, however was under suspicion of transporting contraband. driving my 90 mod olds with my base scanner wired up, deputy I've known 4 yrs state " U look like uncle jesse runnin shine n that car and scanner n backseat.lol why u need that if you're doin nothin wrong?" I replied, " I like to make sure it's me you're pulling over so I can stop and wait on you to hit the lights." we laughed, he searched found nothing I went home.never be disrespectful no matter how many times ur n the situation, with a person doing their job...

 

[poltergeisty]

HAHA, funny you mention that. Because this thread reminds me of running moonshime for some reason. :lol:

Crazy isn't? I mean you can brew your own beer, make your own wine, but you can't make your own liquor??? Who's in charge of the Executive Branch again? :lol: I always did like a good spirit.

 

[auxscan]

NYC is the Worst!!!

I was born and raised in Brooklyn all my life just got into scanners and radios about 4 years ago. growing up i wasnt a troubled kid however ive had run in with the police whither it was hooky or underage smoking. I grew up in the southside williamsburg a very troubled neighboorhood in the 90s. most of the population were poor working hispanics i myself being hispanic. we were always surronded by drugs in my neighboorhood since latino gang activity was so high and there were murders and shootings nearly everyday. I respect police officers and everything but some were so racist. Most officers back then were white. going to high school i had my fair shair of hooky and underage smoking and drinking. so i would get stopped cops who would always rough us up. 2 years i was unemployed going to college and later was hired in the mta after completing my degree. So heres my experince with the NYPD a couple months back. I got stop by cops in the 88 pct a couple months back and wanted to know why I had a radio on me. I said I like to listen to whats going on around before I can explain I work for the city he snatched the radio from and looked over the frequencies and saw he's pct 84/88. He tried to key up but the radio beeps since it programmed to RX only. And then ask me If I had any criminal record. I said no i've never been arrested before as well. He called over another unit. at that point I thought I would be in cuffs on the way to the station house. When the other unit came it was a senoir officer who seemed to have alot of years on the Job. He casually asked me again why do I have a radio with public safety frequencies in it and you dont work for either department. I said I work for the MTA. he looked over and saw some of the MTA uhf frequencies in one bank. He let me go after explaining to him it was NOT illegal to listen to public safety and it was only illegal to have in a car. And I was on the way to the train. I got all 3 of the cops sheild numbers and names without them knowing ofcourse. Then called my uncle who a PD transit sarge. He told me dont openly carry scanners with you espcally if your a person of color. We all hate to admit it but racism still exist today.

Im telling you 95% police officers in NYC think its illegal to monitur police frequencies. Trying to explain to cops that are rude and have no respect for you while they smirk at you while you talk is NOT an easy job for you to do.

 

[marileau]

I live n a smalltown, known most of deputies all my life, however was under suspicion of transporting contraband. driving my 90 mod olds with my base scanner wired up, deputy I've known 4 yrs state " U look like uncle jesse runnin shine n that car and scanner n backseat.lol why u need that if you're doin nothin wrong?" I replied, " I like to make sure it's me you're pulling over so I can stop and wait on you to hit the lights." we laughed, he searched found nothing I went home.never be disrespectful no matter how many times ur n the situation, with a person doing their job...

Respect.....What it is all about, young man. I too, have LEO's in the family, as well as some hoodlums. I don't think they even know how to use a scanner, never addressed the subject, but for me, I wouldn't be without me ear to the ground. (off the record, dozer, ever do any writing?)

 

[chrismol1]

its tougher in post 9/11 NYC

 

[BoxAlarm187]

Some states have had and will always continue to have laws that govern the reception of rf signals of some type. Virginia and again, the Dysfunctional Capital are perfect examples with their prohibition of radar detectors. Virginia has just recently changed their law prohibiting the usage, but so far as I know, DC is still in full enforcement mode. Their basis for any legal challenges to their laws has been the "reception of an rf signal for personal gain." The courts have upheld it in all cases.

The Virginia Code regarding radar detectors hasn't been updated since 1998. They're still completely illegal.

Virginia's code also states that the possession of a scanner during the commission of a felony is a Class 1 misdemeanor.

 

[crazimom55]

iMonitor it is against the law to have a scanner on you In MI....get caught with one in your car and see what happens.....

 

[iMONITOR]

iMonitor it is against the law to have a scanner on you In MI....get caught with one in your car and see what happens.....

That's no longer true. They changed the law a few years ago. As long as you do not have a felony background, and/or you are not committing a crime, and using the scanner during the commission of that crime, you are perfectly legal.

 

[crazimom55]

didnt know they changed it..Sorry....Good to know...Hagd

 

[2wayfreq]

Many of the states allow you to have a scanner in the car as long as have a Ham License.

 

[KX4KDH]

This is an interesting topic. I do believe there is a federal law in place somewhere that guarantees the right to receive any radio transmission. I have to dig to find it, but it is there... Federal trumps State.