From: tim@ais.org (Tim Tyler)
Subject: Re: HAM Friend harassed by police because of HAM equiptment
Organization: UMCC
Date: Mon, 7 Sep 1992 14:23:22 GMT

In article <715846159.F00001@tdkt.kksys.com> Erik@tdkt.kksys.com (Erik Jacobson) writes:
>
>This evening, a friend of mine was stopped in his car for carrying a ham radio
>and a scanner.  This friend was doing NOTHING illegal, and didn't only have his
>amateur radio license, but also his civil defense license (for MARS) with him.
>The police officier said that he wasn't supposed to be carrying that stuff.  My
>friend tried to claim that this was incorrect, but after the officier started
>looking like he would take the equiptment, my friend stated something to the
>effect of "I didn't know that was true."  I believe the officier made some sort
>of comment stating that it was against the city ordinance.  Arrrgh. Right.
>
>Because of this, my friend was "printed up."  We're not even sure exactly what
>that means.  But whatever it was, the whole thing seemed very unfair.
>

   Your friend needs to go to that police department during the day & ask to
speak to a command officer (Sgt., Lt., Captain, etc.) about the incident. If
you provide him with the date & time of the incident, he/she ought to be
able to look at the report or 'dispatch card' & see the officer's version.
     Ask the command officer for the # of the city ordinance which prohibits
the use of ham radio (and/or scanners).
 
  Most likely, there isn't one.  Tell the command oficer that you think
Officer ________ acted very unprofessionally and in your opinion, discredits
the whole police force in that city.  I suppose for good measure you could
briefly mention ham radio public service stuff like ARES, RACES, & Skywarn
at this point.
   Tell him/her that you were so irritated that you had planned on going to
the media with this 'ham radio harassment' story, but that since the command
officer seemed so sincere (heh...), you'll hold back on that, & settle for a
note from the officer in question stating that he was made aware of the
legality of amateur radio/scanners in his venue.
 
   Ignorance of the law isn't an excuse for civillians, nor should it be for
cops.
 
    Your friend might also want to advise the community's ARES/RACES
officials, including the Emergency Coordinator.  They often interact with
some of the public safety commanders, & might be able to 'express their
concern' about the situation to them.
 
   This mostly applies to ham radio, as it is entirely possible that the
community has an ordinance prohibiting vehicular use of scanners.
 
   Of course, there's also the possibility that your friend who claims he
"didn't do anything."  Heard an interesting police call go out over his
scanner, & decided to be in the area.  Depending on the circumstances, that
can arise suspicion.
 
  Once the cop saw that your pal had a scanner, that is a 'force multiplier'
when it comes to suspicion.  Most cops don't like people being able to
listen in on their radio transmissions, & relatively few have actual
knowledge as to whether or not it is legal to have a scanner in the car, but
most think it shouldn't be.  That, in their mind, is good grounds to hassle
someone that has one.
 
   *IF* your friend truly was 100% innocent, & isn't wimpy, he should be
willing to go to the PD & have a nice, calm chat with a command officer.

    Tim

P.S. Posting the city name isn't going to cause some sort of commotion,
     because most of us realize that the problem is endemic with thousands
     of individual officers, & not entire communities & police departments.



-- 
 Tim Tyler   Internet: tim@ais.org  MCI Mail: 442-5735  C$erve: 72571,1005
P.O. Box 443     Packet: KA8VIR @KA8UNZ.#SEMI.MI.USA.NA
Ypsilanti MI
48197-0443                  PADI, USPA, AFCEA, INEOA, P226, VFR700, etc.
Newsgroups: rec.radio.amateur.policy