Is using a Police scanner app legal?

#1
Bay shore had good pickings tonight. Minus a few unmarked watching the 7-11 and parking in East bound parking lot. We're probably doing God knows what behind family Dollar and good will thrift shop. Happened between 1235am till about 45 min ago when t storm came down hard. The SW were herded like cattle into the 24 hr laundromat which they are known for hanging out in. On your phone listen to PD on scanner radio app. Will assist in avoiding issues with L/E
LE scanner app?

Do tell more please.
 
#5
You mean something Genius didn't know about. Been using the Android app for years didn't know about the one SCPD had but it's bookmarked now
It never occurred to me to look for such an app as in New York it is illegal to have a police scanner in a vehicle even if the radio is not connected or turned on. Also if you have a police scanner in your possession while committing a crime it is an additional charge.

Note that Federal law preempts state laws restricting the use of radios capable of receiving police frequencies in an amateur radio operators "station". Since an amateur radio operator's station can be stationary or mobile, technically the federal law allows an amateur radio operator to run a police scanner in a vehicle in New York.

As this would be helpful in hunting for SW I wouldn't want to be the guy testing out the law. Clearly if illegal it would violate Genius' "Only commit one crime" at a time rule.

I don't see how an app would be any different but perhaps as scanner apps are new maybe the statutes haven't caught up to the modern world.
 
#6
Not say drive around with it on but give it a good listen while you are on your way to the area cruising. Gives you a general idea of what you're going to expect in area. Temperature can rise and fall in an area faster than can be adapted to.
 
#7
Not say drive around with it on but give it a good listen while you are on your way to the area cruising. Gives you a general idea of what you're going to expect in area. Temperature can rise and fall in an area faster than can be adapted to.
"in New York it is illegal to have a police scanner in a vehicle even if the radio is not connected or turned on."
 
#10
It may be illegal to have a SCANNER,, but not a SMARTPHONE.
The question isn't whether or not it is illegal to have a SMARTPHONE—the question is whether it is illegal to have a scanner app on a smartphone in NY. The issue isn’t clear cut IMHO. In keeping with my “one crime at a time” rule I don’t want to be a pioneer in testing the issue in court (you know what happened to some pioneers in olden days—some of them got shot with arrows). Maybe some of UG’s legal types can chime in on this.

Some reading to further cloud the issue:

https://blogs.findlaw.com/blotter/2012/08/police-scanner-apps-may-be-criminal.html

To the MOD: maybe this scanner app subject deserves its own thread if guys further respond in this one?
 
#12
...maybe this scanner app subject deserves its own thread if guys further respond in this one?
I, for one, am quite interested in seeing how this one shakes out.

As for my $0.02, I would think that, if one were to get pulled over, the driver would be able to, not only close the scanner app, but even remove it from his phone by the time the officer reached the driver's side window. I know that on my phone, if I simply hold the icon for a second, then three options pop up, one of which is "uninstall." Unless things go unbelievably wrong for the driver, I doubt the likelihood of the officer even trying to get a subpoena to obtain any possible records of such activity.
 
#13
"in New York it is illegal to have a police scanner in a vehicle even if the radio is not connected or turned on."
It's a legal grey area and hasn't been tested in court.

The law does state that no non- licensed, but it leaves out the fact that police agencies do broadcast in the public domain [not a scanner]. May still not want to be the test case, but probably would win in court as the law is vague.

http://www.fordyce.org/scanning/scanning_info/nyslaw.htm

Some legal research indicates that NY's law is only if driving.
https://www.zipscanners.com/resources/are-police-scanners-legal/

https://www.lifewire.com/are-radio-scanner-apps-illegal-534495

Below is a police forums response/ discussion about scanners usage in cars in general and "legalities"....
https://forum.officer.com/forum/pub...ful-use-of-mobile-police-scanners-in-new-york

Federal law PR 91-36 (FCC 93-410) preempts state laws restricting the use of radios capable of receiving police frequencies in an amateur radio operators "station" A amateur radio operator's station can be stationary or mobile.

Technically the federal law allows an amateur radio operator to run a police scanner in a vehicle in New York. This has not been "tested" in the courts since 1978 when PR 91-36 (FCC 93-410) was not in existance.

In People v. McGee, (1978) the OLD law was found to NOT be preempted by the federal law


If I was using a mobile police scanner in NYS...............I would carry a copy of 397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING SETS CAPABLE OF RECEIVING SIGNALS ON THE FREQUENCIES ALLOCATED FOR POLICE USE.
AND

a copy of my Amateur radio license and hope the officer could read.

I would be prepared to go to court with the same documents to show to the judge

I ALWAYS have amateur radio frequencies programmed into my scanners in order to make them part of my AMATEUR STATION
 
#14
It's a legal grey area and hasn't been tested in court.

The law does state that no non- licensed, but it leaves out the fact that police agencies do broadcast in the public domain [not a scanner]. May still not want to be the test case, but probably would win in court as the law is vague......I would be prepared to go to court with the same documents to show to the judge
Yeah, but....but....but...I don't wanna be the test case! I don't wanna be prepared to go to court to show the judge!

I just wanna just pick up a girl, pay the going rate and get a nice BJ in peace.
 
#16
The fruits of an illegal search are inadmissible as evidence.
The police cannot "search" your phone without a warrant.
As I understand the law (I'm not a legal type) but there is a thing called "exigent circumstances". Does this apply when LE sees a suspicious vehicle parked in a dark area and sees a female head bobbing up and down in the lap area of a guy sitting I the front seat and goes to investigate and when the guy sees the cop the guy grabs his phone and starts to delete stuff?
IDK—maybe a legal type can answer.

Anyway, I'll stick to my "only commit one crime at a time" rule and also my phone requires a password or my finger print to unlock (this also has benefits against nosey SO).

Maybe some guys get satisfaction knowing that they will win a case against them in court. As for me I get satisfaction of not having to be put in the situation of having to win a case in the 1st place.
 
#17
The app on the phone is completely legal, the standard police feed is broadcast over frequencies that are accessible to the general public. The statue Genius is referencing applies to the secure, commonly called trunked, system. There are private frequencies that they switch to when police don't want the public to here. If you listen to the scanner, this is referred to in Suffolk as switching North or south
 
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