On October 14th, 2017, New York’s highest court ruled that possessing a readily accessible pocket scanner in a vehicle violates 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 This law, originally enacted in 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without a permit.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 the term “equip.”
The court’s decision focused on the accessibility and operability of the pocket scanner. The police officer testified that the scanner was “on,” and the context suggested the tow truck driver might have acted upon information received from the scanner, potentially placing him in an unauthorized location. Crucially, the court determined that the scanner’s capability of being accessed and operated within seconds constituted “equipping” the vehicle, even without physical attachment. Therefore, possessing a readily operational pocket scanner in a car was deemed a violation of section 397.
This ruling has significant implications for individuals who utilize pocket scanners in their vehicles. The court’s broad interpretation of “equip” extends the prohibition beyond permanently installed devices to include portable scanners that can be quickly activated.
The decision specifically addressed the arguments presented by legal counsel in the Andujar case. It did not delve into related topics such as federal preemption, lawful transportation methods for scanners, the legality of cell phone apps like Broadcastify, or other potential legal challenges. Consequently, these issues remain unaddressed by the court in this specific context. The full decision can be found at: www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf
