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Maverick
Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 5767
Experience:  20 years experience
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Looking law code interfering with emergency communications

Customer Question

looking for a law code for people interfering with emergency communications in california
one of my co workers was suspended from work he works for the phone co and he is a fire fighter part time. he was supended from the phone co for useing an app on his phone to recive calls and to let them know that they are responed to that fire call or medical
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

CA Penal Code Section 148(a)(2).

This section states that any person "who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment."

Customer: replied 1 year ago.
does this includes cell service or app that the fire dept uses
Expert:  Peter Griesch replied 1 year ago.

He was using a phone company phone to receive fire calls via an application that he installed?

Customer: replied 1 year ago.
it was his personal or fire dept issued
Expert:  Peter Griesch replied 1 year ago.

So, he wasn't charged with anything, just suspended by the company?

What was the bbasis for the suspension?

Customer: replied 1 year ago.
he was supended when he got the app notification while driving to respond to a call an off duty manager wrote him up for being on the phone while driving an comp vehicle my co worker was not engage in any phone calls
Expert:  Peter Griesch replied 1 year ago.

Ok, I don't see the connection with a malicious interference charge. I apologize if I'm missing something.

Customer: replied 1 year ago.
he was driving the phone co truck when he got the notification to responed to a fire call and the phone co supended him the the app is called active 911 is it use by fire dispatch or a duty officer to notify fighters to responed to calls and the phone co saids he cant use it while driving to answer the notification and its not an in coming phone call or text it is use for as a backup paging system and to note what the call is this happen during the vallley fire in lake co my co worker was off work for 3 weeks
Expert:  Peter Griesch replied 1 year ago.

Ok. That is not a criminal issue, it sounds like a possible employment issue. I'll opt out and allow someone with employment law experience to address.

Expert:  Maverick replied 1 year ago.

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ANSWER:

This is an issue about the phone company's employment practices and guidliness. The answer to this question would be found in their employment manual or handbook which serves as a contract of sorts between your co-worker and your/his employer. So long as the employer applies the guidliness evenly and fairly across the board, it should not be an issue. In other words, the phone company could make an employee choose between his employment at the phone company and his work as a fire fighter. So, while it looks bad on the phone company's part to have done this, it does not appear to have been illegal.

I know this is not the answer you wanted to hear; but I am assuming that you are paying for a professional and honest answer.