So it is illegal to scan while in your car?

[kb0nly]

The thing is, regarding the felon clause as i like to call it, how is the officer going to know that unless they run your license for another matter?

If i get pulled over for something like a blown tail light and he notices the radio equipment and i provide my amateur license and a copy of the law he would still have to run my license to find out if i had a record in the first place.

I ran this past a couple LEO's i know personally. Here is their repsonse.

The office wouldn't have just cause to run my license to look for a felony record based on a blown tail light, he could indeed run my license plate to make sure there is no driving violations reported that would concern him right away, stolen vehicle, speeding tickets, etc.

I'm not defending everyone with a felony record, but the thing is, the officer would have to know at the time of seizure that you actually have a felony record. If a LEO walks past my van and hears law enforcement traffic audio and uses that as a reason to run my records i don't see just cause here unless i had a felony record and he knew that ahead of time?

 

[loumaag]

<snip>
I ran this past a couple LEO's i know personally. Here is their repsonse.

The office wouldn't have just cause to run my license to look for a felony record based on a blown tail light, he could indeed run my license plate to make sure there is no driving violations reported that would concern him right away, stolen vehicle, speeding tickets, etc.
<snip>

I am not sure what LEO's you approached on this, but if the bottom line is, if you are driving, they don't need a "cause" to run your license once they have stopped you for any valid reason. Now if they stop you for no reason (not in a organized traffic checkpoint) then you may have reason to complain, but normally if they stop you for a blown tail light, you are going to be run as routine matter; indeed your plate is going be run before they even approach.

 

[trace1]

Hmm...

Way back when, the early to mid 80's, I was stationed at Ellsworth AFB as a Security Police. I worked out in the missile fields and every once in awhile I'd take my Uniden Bearcat BC210XLT out with me, and yes, I'd be using it as a "mobile" while driving a "For Official Use Only" US Air Force (Government) vehicle.

Do you think if I'd ever been stopped that I'd be charged with this law (if it existed back then)?

 

[OpSec]

I never realized that SD had it's collective legislative head so far up it's own butt.

I have spent a fair amount of time out there seeing family since getting my ARS license many years ago, although I have never been given any gruff from LEO's who had to have seen the equipment I had. I wonder if the out-of-state plates precluded them from making an issue out of it. I always had a gut feeling about cops out there, especially some of the rural deputies that I have crossed paths with. Something just made my hair stand up, which seems to me to be a valid concern after reading this thread.

If I were to go to SD now and crossed paths with one of these phobic cops, they'd surely think that my commercial gear was the mother lode of contraband. Too bad that it's not scanners, I have my ARS license and my agency credentials that say they won't be touching the gear.

That Aberdeen thing from a few years ago was downright paranoia on the part of the police chief. I frankly am glad that I have no reason to visit that place.

 

[jleverin]

I think it depends on the state and town where you live. Here in CO as long as you are not using your scanner for criminal activity, the cops pretty much leave you alone. I do carry my pocket Ham license with me where ever I go, I make a point of being pretty low profile. No antenna farm on top of the car, my transceivers are mobiles that I carry around and can stash in my center console box when I'm not in in the car. I think if the local cops know you are a radio enthuisiast and you are caught with a scanner in your car, you may be given a hard time. I do everything I can NOT to let anyone know I have radios in my vehicle. Have never been stopped or harrassed, even by the facility cops at the state hospital where I work. Also depends WHAT else you have on your vehicle, if you're a Skywarn spotter withall sorts of lights and crap on your car and a bunch of radio, you are at greater risk of getting pulled over. I do Skywarn stuff too but I use portable radios and decals that can be placed and removed at short notice. Most of the time my vehicle is pretty ordinary looking.

 

[K0JAD]

Mobile operation of a police scanner in SD

It is against the law unless you possess a valid Amateur Radio License. I have a General class license, and I always carry it with me when mobile. I assure you without it in many places I travel, I could have lost some BC796D's which are not inexpensive to replace.