A recent New York State court decision has clarified the legal implications of possessing a pocket scanner in your car. This ruling, delivered by New York’s highest court on October 14th, centers around the interpretation of section 397 of the Vehicle and Traffic Law. This law, dating back to 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without proper permits.
The case in question involved a tow truck operator found with a pocket scanner. The core legal argument revolved around the definition of “equip.” The court determined that because a pocket scanner could be quickly accessed and used, even without being physically attached to the vehicle, it could be considered “equipping” the vehicle under the law. This was despite arguments that a pocket scanner is not a permanently installed device. The fact that the scanner was “on” during the incident and circumstantial evidence suggested potential misuse by the driver likely influenced the context of the ruling.
This decision raises several unanswered questions that were not directly addressed in the court’s argument. Issues such as federal preemption, the legality of transporting a scanner (even if lawful to own) within a vehicle, and whether smartphone apps like Broadcastify fall under the definition of a prohibited “radio” remain open for interpretation. These complexities highlight the nuanced and evolving legal landscape surrounding pocket scanners for cars.
In conclusion, the New York court ruling serves as an important clarification for anyone using or considering using a Pocket Scanner For Cars in New York State. While the ruling specifically addresses the “equipping” aspect of the law in relation to portable scanners, it leaves broader questions about scanner legality and usage in vehicles unanswered, suggesting ongoing legal considerations in this area.
