The way Federal Law works is that it sets the minimum guide lines for the
states. If a state or some other agency (i.e. DOT or Public Utility
agencies) wants to make it more stringent then its up to the Court of
Appeals and Supreme Courts (state and/or federal) to rule if it meets
constitutional requirements.

In some case if a person is stopped by the the police during the commission
of a law violation (read this to mean both criminal and traffic) the scanner
can be considered a "criminal tool" to aid in the prevention of apprehension
by the authorities. However most most state laws they state within a motor
vehicle it is illegal to have a scanner because they fear from loss of
revenue do to the scanner cuing the driver as to a radar trap.

Face it people can bitch all they want but it will take an explicit
constitutional amendment stating the possession of a scanner or other type
of communication device in a motor vehicle is a right of the people to give
them what want.

I am not lawyer but am a former law enforcement officer.

Homer



"radioguy" wrote in message
...
If Federal law truly supercedes state law as hams claim they do, then
how are local state laws prohibiting using scanners to monitor the
police legal???

The federal ECPA law clearly says that monitoring police transmissions
is specifically allowed.

From anywhere in the U.S.

And "anywhere" would inclide from a vehicle.

And if I recall correctly, the ECPA even goes so far as to say that
monitoring of police may not be prohibited.