This information is provided for the general knowledge of the scanning community and is not intended to reignite debates about scanner regulations.
Recently, a significant legal decision in New York State has clarified the interpretation of vehicle scanner laws. On October 14th, New York’s highest court issued a ruling concerning section 397 of the Vehicle and Traffic Law. This law, originally established in 1933, prohibits “equipping” a motor vehicle with a radio device capable of intercepting police frequencies without proper authorization.
The case in question revolved around a tow truck operator found with a scanner in his pocket. The court’s decision hinged on the definition of “equip.” Despite the scanner not being physically installed in the vehicle, the court determined that because the scanner was readily accessible and operational, its mere presence in the vehicle constituted a violation of section 397. The fact that the device could be used within seconds was a key factor in this determination. While the circumstances suggested the driver might have been using the scanner to illegally monitor and respond to emergency calls, the core legal point was the interpretation of “equipping.” The court concluded that physical attachment to the vehicle is not necessary for a scanner to be considered “equipment” under the law.
It’s important to note that the court’s decision was limited to the specific arguments presented. Several related issues were not addressed, such as the potential for federal preemption, the legality of transporting a scanner (perhaps in a trunk), or whether smartphones with scanner apps fall under the definition of a “radio” and are therefore also prohibited. These questions remain open for future legal consideration.
For further details, you can review the full court decision: People v. Andujar www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf
