The legality of police scanners, particularly for use in vehicles, is a topic of interest for many. In New York State, a decades-old law concerning radio devices in vehicles has recently been clarified by the highest court, impacting how individuals can possess and use police scanners in their cars. This article delves into a pivotal New York court decision that sheds light on the interpretation of vehicle and traffic law concerning police scanners.
In a significant ruling on October 14th, New York’s highest court addressed a case involving a tow truck operator found with a police scanner. This case revolved around Section 397 of the Vehicle and Traffic Law, a statute dating back to 1933. This law prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without proper authorization. The core issue in this case was the interpretation of the term “equip.”
During the proceedings, it was noted that the police scanner was operational at the time of discovery. The circumstances surrounding the case suggested the tow truck driver might have been using the scanner to intercept police communications and potentially respond to incidents improperly. The court’s decision hinged on whether simply possessing a scanner readily accessible within the vehicle constituted “equipping” the vehicle, even if it wasn’t permanently installed.
The court concluded that because the scanner could be quickly accessed and operated, it did not need to be physically attached to the vehicle to violate Section 397. This interpretation broadens the scope of the law, suggesting that merely having a functional police scanner inside a vehicle, in a manner that allows for immediate use, can be deemed a violation.
It’s important to note that legal proceedings are often narrowly focused on the arguments presented by counsel. In this particular case, several related legal questions were not explored. For instance, the concept of federal preemption—where federal law might supersede state law—was not discussed. Similarly, the practicalities of legally transporting a scanner (e.g., could it be permissible if stored in the trunk?) remain unaddressed. Furthermore, the ruling does not clarify whether devices like smartphones with police scanner applications (such as Broadcastify) would also fall under the definition of a prohibited “radio.”
This ruling in People v. Andujar www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf offers crucial insights into the legal perspective on police scanners in cars within New York. While it clarifies one aspect of the law—the definition of “equip”—it also leaves several related questions open for future interpretation and potential legal challenges. For those using or considering using police scanners in vehicles in New York, understanding this ruling is essential.
