Question to Law Enforcement

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TRS_89
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Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 6:05 pm

I know that Florida law states that it is illegal to have a scanner in a motor vehicle. My question is what is the punishment for being pulled over and having one of these in your car. I have a mobile setup with an antenna on the back of my truck. When I was living in Illinois, I was a volunteer fire fighter in a rural fire district and used the scanner to responds to calls, because our firehouse did not have another pager to issue out at the time. I really dont feel like taking it out, because it's got some weather alert features I like and is handy to maneuver around accidents.

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limestonecowboy
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Re: Question to Law Enforcement

Post by limestonecowboy » Wed Jan 28, 2009 6:11 pm

Get your amateur radio license and be exempt from that law.

http://www.wedothat-radio.org/
They'll swing back to the belief that they can make people... better. And I do not hold to that. So no more runnin'. I aim to misbehave.

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TRS_89
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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 6:24 pm

only 2 states have this law to my knowledge. florida and new york. im pretty sure i wouldnt look suspect to a police officer being pulling over even if I did have a scanner. But I actually been thinking about getting into ham radio, its just takes alot of money to get into.

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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 6:27 pm

But I see what you're saying though, getting a license would allow me to be legal with a scanner in my truck.

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TC
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Re: Question to Law Enforcement

Post by TC » Wed Jan 28, 2009 6:50 pm

TRS_89 wrote:only 2 states have this law to my knowledge. florida and new york. im pretty sure i wouldnt look suspect to a police officer being pulling over even if I did have a scanner. But I actually been thinking about getting into ham radio, its just takes alot of money to get into.
Nah... You can get started for well under $200 including study materials, exam fee, license fee, and a starter handheld radio. Less, if you buy a used radio.

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TRS_89
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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 6:57 pm

Interesting TC, I'll look into it. I'm betting ham radio is nice to have down here when the storms knock communication out

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TRS_89
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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 7:06 pm

But until then i'll just ride around with it, if they want to write me a ticket, that's fine. Although i've never partaken in any drug running or any other felony activity lol.

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Re: Question to Law Enforcement

Post by NonConformist » Wed Jan 28, 2009 7:11 pm

I remember this BS law...

They arent gonna stop till we have to ask to do everything, Id keep it myself, screw that crap
"Men trained in arms from their infancy, and animated by their love of liberty, will afford neither a cheap or easy conquest." -From the Declaration of the Continental Congress, July 1775.

"Tyranny is defined as that which is legal for the government but illegal for the citizenry" -Thomas Jefferson

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Re: Question to Law Enforcement

Post by kilo905 » Wed Jan 28, 2009 7:18 pm

TRS_89 wrote:But until then i'll just ride around with it, if they want to write me a ticket, that's fine. Although i've never partaken in any drug running or any other felony activity lol.
Its not a traffic violation/ticket, its an arrestable offense. Its listed somewhere under FS 843/Obstruction.

Depending on your local LE, they may overlook it, especially if you show you were a volunteer FF in IL, but the risk is yours. There is a separate statute for actually using a scanner to intercept LE comms during the commission of a crime.

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Re: Question to Law Enforcement

Post by NonConformist » Wed Jan 28, 2009 7:30 pm

kilo905 wrote:
TRS_89 wrote:But until then i'll just ride around with it, if they want to write me a ticket, that's fine. Although i've never partaken in any drug running or any other felony activity lol.
Its not a traffic violation/ticket, its an arrestable offense. Its listed somewhere under FS 843/Obstruction.

Depending on your local LE, they may overlook it, especially if you show you were a volunteer FF in IL, but the risk is yours. There is a separate statute for actually using a scanner to intercept LE comms during the commission of a crime.

Thats funny, they not only make it against to law to use a scanner in a crime, then they feel the need to ban scanners period in cars.

That tells me it doesnt work and thats why they made another BS law, as if criminals are gonna abide anyway... ](*,)
"Men trained in arms from their infancy, and animated by their love of liberty, will afford neither a cheap or easy conquest." -From the Declaration of the Continental Congress, July 1775.

"Tyranny is defined as that which is legal for the government but illegal for the citizenry" -Thomas Jefferson

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Re: Question to Law Enforcement

Post by kilo905 » Wed Jan 28, 2009 7:43 pm

NonConformist wrote: Thats funny, they not only make it against to law to use a scanner in a crime, then they feel the need to ban scanners period in cars.

That tells me it doesnt work and thats why they made another BS law, as if criminals are gonna abide anyway... ](*,)
IIRC, the "use" law is a penalty enhancer for the original crime i.e. you have to be charged with another crime, not just listing to the scanner sitting on a park bench at high noon. I think the "vehicle" law only covers scanners mounted to the vehicle, which I don't believe has a serious impact on crime in this day and age, as most criminals intercepting comms nowadays do so with specific makes/models of handheld scanners that can intercept a trunking system. Problem with making new laws is that they don't always repeal old laws.

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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 8:01 pm

Funny thing is If I'm not mistaken Florida is starting to encrypt channels left and right. Orlando, Jacksonville, maybe Gainesville? Surprised Miami is not on their list yet? Thing is I lived in Illinois ten years. It is one of the most socialist ran states in the USA, horrible gun laws, no conceal carry allowed whatsover, ignorant jackass governors, corrupt politicians, but yet there is no law against having a scanner in your vehicle. Of all the crime in Chicago, no scanner laws lol.

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TRS_89
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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 8:02 pm

I wouldnt be able to listen to their encrypted frequencies even if I wanted to. If I'm not mistaken, decrypting their digital trunking encryption is impossible.

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Re: Question to Law Enforcement

Post by kilo905 » Wed Jan 28, 2009 8:48 pm

TRS_89 wrote:I wouldnt be able to listen to their encrypted frequencies even if I wanted to. If I'm not mistaken, decrypting their digital trunking encryption is impossible.
Few agencies are capable of encryption at the moment. Even fewer actually encrypt the radio transmissions, since not all their personnel have the encryption capable radios, as radios are not all swapped out at once.

Most agencies are switching to digital trunking systems. There is a real big issue right now between Nextel and the FCC over "rebanding" LE frequencies. In a nutshell, Nextel was to take over frequencies reserved for public safety use, and would have to buy new equipment for LE/Fire agencies whose old equipment could not handle the rebanding to new frequencies. With the economy and other technical issues, this rebanding is behind schedule. Many agencies are stuck in between where they do have encryption capabilities for transmissions, but they don't have enough encryption enabled radios for everyone on the system. Very few agencies dispatch on their own channels. Most use cooperative dispatch centers, so until the last LEO (from whatever small town agency) gets an encryption capable radio, the switch cannot be made.

I'm not an expert in public safety communications, but I know enough to know that you couldn't pay me enough to deal with their headaches.

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Re: Question to Law Enforcement

Post by TRS_89 » Wed Jan 28, 2009 9:03 pm

i checked on that statute, and it stated that it was a crime to use a scanner in the commission of another crime, or to divulge priveledged information to 3rd parties and to prevent detainment by le after a crime. If I can prove to le that I wasn't involved in any criminal activities above a reasonable doubt after being pulled over for say having a taillight out, then just by reading it in text, it makes me think they cant cite or detain me. Although with the pain in the rearend this would be, and arguining with a le would get me nowhere, that ham license for 15 bucks seems like a good alternative so I can be able to produce it and say "i can legally have this in my vehicle."

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Re: Question to Law Enforcement

Post by NonConformist » Thu Jan 29, 2009 12:36 am

In the late 90s Tallahassee switched to a 800mHz Trunking System and switched out all the radios and to my knowledge, even to this day you'd only get 1/2 the traffic since its trunked so you tend to miss a lot anyway


Its one of those useless laws so common these days
"Men trained in arms from their infancy, and animated by their love of liberty, will afford neither a cheap or easy conquest." -From the Declaration of the Continental Congress, July 1775.

"Tyranny is defined as that which is legal for the government but illegal for the citizenry" -Thomas Jefferson

akDave

Re: Question to Law Enforcement

Post by akDave » Sat Feb 07, 2009 4:24 am

TRS_89 wrote:i checked on that statute, and it stated that it was a crime to use a scanner in the commission of another crime, or to divulge priveledged information to 3rd parties and to prevent detainment by le after a crime. If I can prove to le that I wasn't involved in any criminal activities above a reasonable doubt after being pulled over for say having a taillight out, then just by reading it in text, it makes me think they cant cite or detain me. Although with the pain in the rearend this would be, and arguining with a le would get me nowhere, that ham license for 15 bucks seems like a good alternative so I can be able to produce it and say "i can legally have this in my vehicle."
If it's the law it's the law. I came from CA and know about restrictions. Scanners were not one but non the less we are talking about FL.

In all reality LE officers mostly (and should IMO) go by the book. They are not going to debate with you or let you prove that you were not involved in criminal activities. That is the judges job.
I am referring to "If I can prove to le that I wasn't involved in any criminal activities above a reasonable doubt...."

I got pulled over by my neighbor a few months ago. (when it happened I said wtf? and he said what are you doing driving so fast?)

We sat on my couch and squabbled about my speeding ticket while watching UFC and eating BBQ'd shrimp. At the end of the day the judge will set forth the ruling. In my case I broke the law so I just paid the ticket and sucked up the increased insurance. That's how it goes.

Laws are laws. Regardless of how stupid we may think they are we must observe. Florida is a great state but there may be a few things that we don't like but have to deal with.

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Re: Question to Law Enforcement

Post by TRS_89 » Sat Feb 07, 2009 5:40 pm

I'm not hear to sound like a badass and state that I'm going to argue with law enforcement, because that's far from the truth. But I see what you're saying. They're just enforcing the laws, not creating them. Regardless of how petty the law may be, You'll just dig yourself a hole arguing with police officers, lol it never works.

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