New York’s highest court ruled on October 14th that possessing a readily accessible Car Pocket Scanner constitutes a violation of section 397 of the Vehicle and Traffic Law. This law, originally enacted in 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without a permit. The case, People v. Andujar, hinged on the interpretation of “equip.” A tow truck operator was found in violation because his scanner, though in his pocket, could be quickly accessed and used. The court determined that the scanner’s potential for immediate use meant it didn’t need to be physically attached to the vehicle to be considered a violation.
The ruling focused specifically on the accessibility of the car pocket scanner. The officer testified that the device was “on,” and the context suggests the driver may have reacted to intercepted communication, potentially placing himself in a prohibited location. The court’s decision clarifies that immediate accessibility and potential use are sufficient for a violation, regardless of physical attachment to the vehicle. This interpretation broadens the scope of section 397, impacting how drivers utilize portable scanners.
This case leaves several questions unanswered. The ruling doesn’t address federal preemption, methods of legally transporting scanners, or whether smartphone apps like Broadcastify fall under the law’s definition of a “radio.” These unresolved issues highlight the complexities surrounding scanner use in New York and the potential for future legal challenges. The decision in People v. Andujar underscores the importance of understanding the specific requirements of section 397 for anyone possessing a car pocket scanner in New York State. The full court decision can be found at: www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf
