New York Scanner Law
Original source: New York State Consolidated Laws online (2002)
and
McKinney's Consolidated Laws of New York
Title III - Vehicle and Traffic Law
Article 12 - Other Provisions
Section 397 - New York State Vehicle and Traffic Law
§ 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use.
A person, not a police officer or peace officer, acting pursuant
to his special duties, who equips a motor vehicle with a radio
receiving set capable of receiving signals on the frequencies
allocated for police use or knowingly uses a motor vehicle so
equipped or who in any way knowingly interferes with the
transmission of radio messages by the police without having first
secured a permit to do so from the person authorized to issue such a
permit by the local governing body or Board of the city, town or
village in which such person resides, or where such person resides
outside of a city or village in a county having a county police
department by the Board of Supervisors of such county, is guilty of
a misdemeanor, punishable by a fine not exceeding one thousand
dollars, or imprisonment not exceeding six months, or both.
Nothing in this Section contained shall be construed to apply to
any person who holds a valid Amateur Radio Operator`s License issued
by the Federal Communications Commission and who operates a duly
licensed portable mobile transmitter and in connection therewith a
receiver or receiving set on frequencies exclusively allocated by
the Federal Communications Commission to duly licensed radio
amateurs.
1980 Amendments. L.1980, c. 843, § 90, eff. Sept. 1, 1980, in sentence beginning "A person, not" substituted "police officer or peace officer, acting pursuant to his special duties" for "peace officer".
Effective Date. Section effective Sept. 1, 1967, pursuant to L.1965, c. 1031, § 195.
Derivation. Penal Law of 1909, § 1916; added L.1933, c. 405; amended L.1948, c. 183; and repealed by Penal Law of 1965, § 500.05.
Radio receiving set permits, see 38 RCNY § 7-01 et seq.
Constitutionality 1
Permits 4
Purpose 2
Radio receivers within section 3
Seized equipment 5
1. Constitutionality
This section prohibiting the equipping of motor vehicle with a radio
receiving set capable of receiving signals on frequencies allocated for
police use was constitutional notwithstanding allegation by defendant
that such statute represented infringement by State Legislature in area
preempted by Congress. People v. McGee, 1978, 97 Misc.2d 360, 411
N.Y.S.2d 514.
2. Purpose
Rationale behind this section prohibiting the equipping of motor vehicle
with police band radio, the knowing use of motor vehicle so equipped, and
the knowing interference with transmission of police radio messages was to
prevent criminals from listening to police broadcasts in their
automobiles, either prior to or after commission of a crime, and to
prevent jamming of air waves during police broadcasts. People v. McGee,
1978, 97 Misc.2d 360, 411 N.Y.S.2d 514.
3. Radio receivers within section
Mere possession by defendant of scanner that could be reprogrammed to
receive police communication frequencies was insufficient to warrant
indictment on charge of possession in motor vehicle of radio capable of
intercepting police communication frequencies, in absence of evidence that
defendant's scanner could easily be tuned to police frequencies. People
v. Garcia, 1996, 170 Misc.2d 543, 647 N.Y.S.2d 355.
4. Permits
The only counties where the board of supervisors may designate a person
to issue permits for equipping and operating a motor vehicle with a
radio capable of receiving signals on police frequencies are counties
which have established a police department by county charter. 1975,
Op.Atty.Gen. (Inf.) 311.
A local governing body or board of a city, town, or village in Monroe
county may not, pursuant to this section, authorize the Law Enforcement
Council of Monroe County to issue permits for the equipping of motor
vehicles with receiving sets. 1975, Op.Atty.Gen. (Inf.) 104.
5. Seized equipment
In the absence of specific statutory authority, a radio seized by the
police in connection with an arrest and conviction for a violation of
section 397 of the Vehicle and Traffic Law is not contraband and may not
be retained, destroyed or rendered incapable of receiving police
frequencies but must be returned to its rightful owner. 1976,
Op.Atty.Gen. (Inf.) 255.
Retranscribed by: Todd L. Sherman/KB4MHH
Mobile Scanner & RADAR-Detector Laws In The U.S.
Under this section providing that person, not a police officer, who
equips motor vehicle with radio receiving set capable of receiving signals
on frequencies allocated for police use or knowingly uses motor vehicle so
equipped is guilty of misdemeanor, electroalert radar detector, which was
designed to detect presence of radar beams so as to allow its user to
avoid police speed traps but which could not receive nor transmit voice
radio transmissions and was also incapable of translating any radio
signals into comprehensible form, was not a "radio * * * capable of
receiving signals," and thus use of vehicle equipped with such device was
not prohibited in this section. People v. Moore, 1978, 92 Misc.2d 807,
401 N.Y.S.2d 440.
Radar-monitoring device was not radio-receiving set capable of receiving
signals on frequencies allocated for police use, within the meaning of
this section making it a misdemeanor to equip motor vehicles with such
radio-receiving sets. People v. Faude, 1976, 88 Misc.2d 434, 388 N.Y.S.2d
562.
Where defendant had in his truck a radio receiver capable of receiving
signals on a frequency allocated for police use when receiver was plugged
into cigarette lighter socket, the receiver was "capable" of receiving
signals, within this section making it illegal to equip motor vehicle
with radio receiver capable of receiving signals on frequencies
allocated for police use, even though receiver was not plugged in when
defendant was stopped by police. People v. Verdino, 1974, 78 Misc.2d
719, 357 N.Y.S.2d 769.
Last updated: December 16, 2002.
Todd L. Sherman/KB4MHH, Owner/Webmaster
Gainesville, Alachua Co., Fla.
E-mail: afn09444@afn.org
Copyright © 1995-2003 by Todd L. Sherman. All Rights Reserved.