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Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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can someone get arrested for having a scanner in thier car

Resolved Question:

can someone get arrested for having a scanner in thier car?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 8 years ago.

The answer depends on your state and the type of scanner and its use

 

Several states require a permit or FCC amateur license for mobile police scanner usage. New York and Florida are suxch states. Radio scanners that are decryption-capable would be a violation of FCC regularions and United States law.

 

In the United States, it is always illegal to use a a radio scanner to:

  • listen in on cellular and cordless phone calls
  • intercept encrypted or scrambled communications
  • sell or import radio scanners that are capable of receiving cellular phone frequencies (Note: This rule does not apply to sales by individuals and radio scanners made before 1985)
  • modify radio scanners so that cellular phone frequencies can be received
  • use information received for personal gain use information received to aid in the commission of a crime, or
  • disclose information received to other persons

 

Possible offenses vary as well. It is a felony in most statees to intercept a call between other individuals. Possessing a scanner in violation of the law is often a misdemeanor level offense.

 

Please click ACCEPT below

 

Customer: replied 8 years ago.
I know the basics, I've read all of this online already. I'm wonder ing how common it is, that a cop would actually care in new york city and how serious an offense it is?
Expert:  Lawmoe replied 8 years ago.

The New York law appears below. It is a misdemeanor punishable by up to 6 months in jail. In most instances, if the scanner is noticed, you would be cited. However, often, if you were stopped for a greater infraction, the officer will cite you only for the more serious infraction.

 

PLEASE CLICK ACCEPT BELOW

 

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.

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