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Old March 24th 08, 06:01 PM posted to rec.radio.scanner
~db~® ~db~® is offline
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First recorded activity by RadioBanter: Feb 2008
Posts: 8
Default Scanners illegal in Kansas?

On Sun, 23 Mar 2008 17:39:35 GMT, You
wrote:

In article

,
John Szalay

wrote:

"J" wrote in

:

If you live in Kansas be careful about

listening to a police scanner.

In Lansing, Kansas a state prison employee

lost much of what he owned
because he listened to a Radio Shack police

scanner.

According to a police report, Joe Howerd, a

Communications Technician
at the Kansas State Penitentiary in Lansing (

Lansing Correctional
Facility LCF ) came to work one day and told

his supervisor, Captain
Jeff Munsterman that he bought a police

scanner from prison employee
Mike Bellar and while playing with it he

picked up his next door
neighbor Roberta Copp talking on her cordless

phone.



FWIW:::::
First, I am NOT a lawyer, but have used

scanners for years, one thing I
have learned,
ITS illegal under federal Law to reveal to a

third party, anything you
hear on a scanner OR any radio capabile of

receiving certian
transmission types.. this includes public

safety radio, IE:
Police,fire,EMS etc:

and its illegal to receive/listen to mobile

telephone at all of any
type. other than your own . much less tell

someone else what you hear..

So use your radios with caution and reveal to

NO-ONE anything you have
heard at any time..

these laws go back to 1934 with the

Communiations Act of 1934
and futher with the ECPA law of 1986

Learn the law and respect it...

Retired

Firefighter.....



http://www.law.cornell.edu/uscode/18..._I_20_119.html

Well Hmmmmm, Just a NOTE here, as far as I know,

there has NEVER been
a Federal Prosecution for a Violation of Section

705 of the
Communications Act of 1934, as Amended, for

revealing content of a
Radio Communications Transmission. I am a reTired

Resident Field Agent
for the Federal Communications Commission. There

HAVE been prosecutions
under other Federal Statues, (ECPA of 1986) for

revealing Communication
content. The BIGGIE, was the Florida Couple who

overheard Newt Gingrich
and another Congresscritter's Cellphone

conversation, recorded it, and
gave it to Rep. Jim McDermett (D) of Washington

State, who then LEAKED
it to the Press. The Florida Couple WERE

convicted, McDermett WAS
Prosecuted, and his case Went to SCOTUS, who

REFUSED to hear his APPEAL,
which left him with a GIANT BlackEye, and a Hefty

Judgement to pay the
Congresscritter for violation of his Privacy.



The only prosecutions I have ever known of on the
state level have been when someone has used a
police scanner to interfere with an investigation
or with emergency personnel, such as the time some
idiot hereabouts would race EMS to accident
scenes. If anything, I think the story is one of
piling on, charging someone with every
conceiveable violation in an attempt to intimidate
a troublesome individual or to guarantee a
conviction on *something* in order to justify some
otherwise shaky police work.
~db~®