On October 14th, 2017, New York’s highest court ruled that possessing a police scanner within immediate reach 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 This law, originally enacted in 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without a permit.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, centered on the interpretation of “equip.” The court decided that a scanner readily accessible and operable within seconds, even if not physically attached to the vehicle, constitutes a violation. The ruling stemmed from an incident involving a tow truck operator with a scanner in his pocket. While the officer stated the scanner was “on,” and circumstances suggested potential misuse, the court’s decision ultimately focused on the scanner’s accessibility.
The court’s decision specifically addressed the arguments presented by legal counsel in the Andujar case. Consequently, several related questions remain unanswered, including the possibility of federal preemption of the state law. The ruling also doesn’t clarify how a legally owned scanner can be transported without violating the law or whether a cell phone with a police scanner app, like Broadcastify, falls under the same prohibition. These unresolved issues leave room for future legal interpretation and potential challenges to the current understanding of police scanner legality in New York. The full decision can be found on the New York Courts website.
Tow truck with police lights.
