From: sorgatz@avatar.tti.com (sorgatz)
Newsgroups: rec.radio.amateur.misc
Subject: Re: Ky Scanner Law - Update
Date: 10 Dec 92 22:00:07 GMT
Organization: Transaction Technology Inc.

In article <1992Dec8.130631.12903@porthos.cc.bellcore.com> whs70@dancer.cc.bellcore.com (sohl,william h) writes:
>
>FYI, the following was recently posted in alt.radio.scanner
>
>In article <1992Dec7.165111.11792@ms.uky.edu> hgpeach@ms.uky.edu (Harold Peach) writes:
>>Recently a local ham was stopped by the Kentucky State Police for an
>>unrelated offense.  During the stop, the trooper noticed the ham had
>>a scanner and informed the ham that is was illegal for him to have it
>>in his vehicle.  The ham told him of the recent change in the law,
>>which exempted hams.  The trooper indicated he was aware of the change,
>>but did not feel it allowed him to have a scanner in his car.  The
              ----
>>trooper gave him a verbal warning that if he caught him with it again
>>he would confiscate his radio and cite him.  Follow-up calls to two 
>>different State Police posts confirmed that the Kentucky State Police
>>still consider it illegal for hams to carry any receiver capable of
  -----------------
>>receiving police frequencies!
>>
>>Today I called the State Police legal affairs branch in Frankfort.
>>The say that the law (KRS 432.570 Section 1, subpart (4)(c)) DOES
>>exempt amateur radio operators carrying a valid license from the
>>law [i.e.  It IS legal for hams to carry scanners, transceivers with
>>general coverage receivers, etc. while mobile.]  They indicated that
>>one bulletin containing this information and changes to other laws
>>during the last general assembly session were sent to all posts, but
>>that it may take awhile for troopers to become familiar with the change.
>>They advised the person this happened to, to write the State Police
>>Commissioner and ask that he send out another bulletin on this topic,
>>which the ham is in the process of doing.
>>In the meantime, if you are a ham carrying mobile general coverage
>>VHF receivers in the state of Kentucky, you might remind any trooper
>>questioning you to check the bulletins he received after the last
>>legislative session.  The legal affairs office said that in the
>>event you were cited, the law is so "black and white" on this issue
>>that any court would rule in your favor.

 Is that before or after one goes a round with a stupid jerk with a 
badge-on that rips a radio out from under your dashboard? ;-)

 All of which is a symptom of the sad state of affairs that typifies
backwoods law enforcement in general. Bunch of uninformed bozos with
the right to harrass and confiscate...jeez! If the cops in Los Angeles
tried anything like that the Courts would burn them at the stake! I'm
glad I don't live in Kentucky, the temptation to provoke an incident
with every ignorant hick cop that didn't read his mail from HQ would 
be too much to resist.

( "Los Angeles, CA. The NIGHT-CLUBBING Capitol of America!" -R. King )

 
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