-=> Quoting Ben Bass to John Mudd <=-
 -> I don't know how much clearer it can be:
 -> -> EXCLUSIVELY ALLOCATED BY THE FEDERAL COMMUNICATIONS COMMISSION  TO
 -> ^^^^^^^^^^^^
 -> -> DULY LICENSED RADIO AMATEURS.
 -> ^^^^^^^^^^^^
 -> ->
 -> It states that we are allowed to only listen to frequencies allocated
 -> hams, not business, not fire, not police not cell or anything else.
 BB> It doesn't say what we CAN listen to, it only says if you're not a ham
 BB> you can't have "a radio receiving set capable of receiving signals on
 BB> the frequencies allocated for police use."
 BB> It then says ham frequencies have to be in the radio and it has to be
 BB> associated with a (ham) transmitter. It doesn't say once it meets
 BB> those conditions, the receiver can't contain other frequencies.
I disagree. It doesn't say that. It says nothing about that. It mentions
only ham freqs.
 BB> Also there is no prohibition in the law against monitoring anything
 BB> other than "frequencies allocated for police use." Fire, business,
 BB> weather, etc. would apparently be OK within the limits of the ECPA.
The prohibition is the actual presence of the scanner in the car. It hasn't
anything to do with the ECPA
 BB> Then there's also the issue of why the local authorities would be
 BB> looking at the radio to start with. There's still an issue of probable
 BB> cause. The mere presence of radios in a vehicle does not likely
 BB> constitute probable cause nor a legal search unless the universally
 BB> search every vehicle with any radio equipment in it. If you start
 BB> chasing police calls and showing up at crime scenes, that's another
 BB> story.
If the officer sees the equipment, it is probable cause enough for him to
investigate what kind of equipment it is. The law, after all, forbids the
mere presence of the scanners. If he pulls you over for a traffic violation
and easily sees the presence of the equipment, that's all the probable cause
he needs to have.
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