Subject: RE:[NEXTEL-1] Scanner Crack Down

From: [email-masked]
Date: Fri, 26 Sep 2003 09:19:25 -0400

They should rename their town Moscow.

Rik Rasmussen

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From: "Todd Ellis" <[email-masked]>
Date: Fri, 26 Sep 2003 09:31:34 -0400

At one time the folks in NY had laws on the books that police communications
could not be monitored from a vehicle.  This was troublesome when the newer
synthesized radios came on the market and had the 'ole green wire snip
process to open up the receiver (for MARS and CAP, of course - yeah, right)
to listen across the entire band from 138-174.  I know of one ham in the
Upstate/Western NY area that was pulled over for a routine traffic
stop/moving violation.  The officer heard voice communications emanating
from the ham's two way radio.  He asked the ham if he would consent to a
search of his vehicle.  Being completely innocent, the ham agreed, and the
officer turned the dial on his radio to hear the equivalent of Adam-12 come
blaring out of the speaker.  The ham was ARRESTED for monitoring police
communications, and his car was impounded.  One of the guys at Radio Center
(and also a ham) was asked to intervene - his first comment was "Man, this
guy is dumb for consenting to a search!", and then he somehow helped the guy
out of the crack he was in.  This was all back in the very early 1980s.

If we do not learn from history's mistakes, we are doomed to repeat them.
Or something like that.  We debated who actually said that line a few years
ago.

Todd Ellis

Cary, NC

-----Original Message-----
From: [email-masked] [mailto:[email-masked]] 
Sent: Friday, September 26, 2003 9:19 AM
To: [email-masked]
Subject: RE:[NEXTEL-1] Scanner Crack Down

Rik Rasmussen

---

From: [email-masked]
Date: Fri, 26 Sep 2003 11:04:30 -0400

The law is still on the books but rarely enforced. Members of the "Working Press"
have numerous Scanners installed and are very rarely harassed by NYPD. Since your
friend was upstate I bet he ran into an over zealous cop who had some extra time
on his hands.

----------------------------------------------------------------------
Section 397 - New York State Vehicle and Traffic Law

The following is the complete text of section 397 of the New York State vehicle
and traffic law. This section governs
the use of mobile scanners in motor vehicles. Following the statute is a brief
summary of the case law relevant to this
section.

397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING SETS CAPABLE OF RECEIVING
SIGNALS ON THE FREQUENCIES ALLOCATED FOR POLICE USE.

A person, not a police officer or peace officer, acting pursuant to his special
duties, who equips a motor vehicle with a radio
receiving set capable of receiving signals on the frequencies allocated for police
use or knowingly uses a motor vehicle so
equipped or who in any way knowingly interferes with the transmission of radio
messages by the police without having first
secured a permit to do so from the person authorized to issue such a permit by the
local governing body or board of the city,
town or village in which such person resides, or where such person resides outside
of a city, or village in a county having a
county police department by the board of supervisors of such county, is guilty of
a misdemeanor, punishable by a fine not
exceeding one thousand dollars, or imprisonment not exceeding six months, or both.
Nothing in this section contained shall
be construed to apply to any person who holds a valid amateur radio operator's
license issued by the federal
communications commission and who operates a duly licensed portable mobile
transmitter and in connection
therewith a receiver or receiving set on frequencies exclusively allocated by the
federal communications
commission to duly licensed radio amateurs.

Annotated Case Law 1. Constitutionality.

People v. McGee, 1978, 97 Misc.2d 360, 411 N.Y.S.2d 514.
Ruled that section 397 is constitutional and not a preemption of an act of
Congress.

2. Legal Purpose.

People v. McGee, op. cit.

Stated that the rationale for the statute was to prevent criminals from monitoring
police broadcasts in
their automobiles, prior to or after the commission of a crime. It further stated
that the statue protects
police radios from jamming and other interference.

3. Definition of Radio Receivers.

People v. Moore, 1978, 92 Misc.2d 807, 401 N.Y.S.2d 440.
People v. Faude, 1976, 88 Misc.2d 434, 388 N.Y.S.2d 562.

These two cases established that radar detectors used to avoid police speed traps
were not radio receivers
because they could not translate the radar signals into a comprehensible form.

People v. Verdino, 1974 78 Misc.2d 719, 357 N.Y.S.2d 769.

This critical case established that the statue applies to any radio that is
capable of receiving police signals
whether or not the radio was actually being operated. In this case Verdino was
caught with a scanner that
operated from the cigarette lighter but was not plugged in at the time he was
stopped. The court ruled
that the radio was still "capable" of receiving signals thus making it illegal.

4. Issuance of Permits.

1975, Op.Atty.Gen (Inf.) 311.

The Attorney General issued an opinion that county boards can designate a person
to issue permits only in
counties that have a county police department established by a county charter.

5. Confiscated Equipment.

1976, Op.Atty.Gen. (Inf.) 255.

The Attorney General issued the opinion that a confiscated radio is not contraband
and must be returned
to the individual in original condition even if that person has been convicted
under section 397.

Todd Ellis wrote:

> synthesized radios came on the market and had the 'ole green wire snip process
> to open up the receiver (for MARS and CAP, of course - yeah, right) to listen
> across the entire band from 138-174.  I know of one ham in the Upstate/Western
> NY area that was pulled over for a routine traffic stop/moving violation.  The
> officer heard voice communications emanating from the ham's two way radio.  He
> asked the ham if he would consent to a search of his vehicle.  Being completely
> innocent, the ham agreed, and the officer turned the dial on his radio to hear
> the equivalent of Adam-12 come blaring out of the speaker.  The ham was ARRESTED
> for monitoring police communications, and his car was impounded.  One of the
> guys at RadioCenter (and also a ham) was asked to intervene - his first comment
> was "Man, this guy is dumb for consenting to a search!", and then he somehow
> helped the guy out of the crack he was in.  This was all back in the very early
> 1980s.
>
> If we do not learn from history's mistakes, we are doomed to repeat them.  Or
> something like that.  We debated who actually said that line a few years ago.
>
> Todd Ellis
>
> Cary, NC
>
> Sent:Friday, September 26, 20039:19 AM
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> Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.

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