New York’s highest court recently ruled against a tow truck operator found with a police scanner in his pocket, citing 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 This law, originally enacted in 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without a permit.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 court’s decision hinged on the interpretation of “equip.”
The arresting officer stated the scanner was “on,” leading to suspicions that the driver may have used it to respond to a police call and arrive at a location he shouldn’t have been. The court ultimately determined that the scanner’s accessibility and quick operation meant it didn’t need to be physically attached to the vehicle to constitute a violation of section 397. Essentially, having a readily operational police scanner within reach inside a vehicle is considered “equipping” the vehicle with it.
This ruling raises questions about the legality of possessing similar devices in vehicles in New York. The court’s decision specifically focused on the facts presented in this particular case, leaving several related issues unaddressed. For example, the ruling didn’t delve into potential federal preemption of the state law or discuss how a legally owned scanner can be transported in a vehicle without violating the law.
Further, the court did not address whether a cell phone with a police scanner app, like Broadcastify, would fall under the same legal interpretation as a traditional radio scanner. These and other questions remain unanswered, creating uncertainty regarding the broader implications of the ruling for New York drivers. The full court decision can be found at: www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf.
