NEW YORK HAM TICKETED!

Dear KE4GPR and fellow hams,

You would do me a big favor if you disregard my previous posts and all the other posts I've made which are completely off the subject of Richard's dilemma. Something related to this subject caused me to get on a high horse which cannot be helpful. Name calling caused me to motor mouth. I apologize.

Fred Richter
KG6DHV

 

I've been pulled over in Indiana for quite legitimate reasons (I've owned 2 Camaro's (along with numerous other vehicles) and I currently own a Firebird.. 'nuf said ) Each time, I've had rigs mounted in the car (not an HT laying on the seat, but permanently mounted, even in the Camaro's and Firebird.. but that's another post).
At age 17 (first Camaro) I was pulled over and prevented from passing to the bottom of an exit ramp (95 in a 65). The officers involved asked about my 10meter rig. "Is that a CB or something", "No, officer, it's an amateur radio. I'm a licensed Ham Operator. "Ok. I see. Have a nice day and slow down."
Next time, (age 18) I oopsed and ran a red-light to get home before Mom and Dad called to check on me (they were out at a party.. I went to my girlfriends .. ). "I see you are an amateur radio operator. Do you have your license with you?" "Yes, officer." "I've ran your drivers license and see you have no other ticketed violations . Unfortunately, you ran the light at a very busy intersection and may have caused an accident. Here's your ticket, and please slow down. Have a nice evening"
Next time, (recently, age 26) at 2:30AM on a completely dead street, business area (just left Denny's) I perfomed an "Unsafe Start" (spun out tires on Firebird.. needed to blow out the carbon, you see. "So, have you been drinking?" "Just coffee, officer" "I see you have a Yaesu rig in your car. You a Ham?" "Yep." "You work the weathernets around here?" "When I have occasion to." "You folks have provided us with some good info here and there. I need to run your license." "Ok, officer" "I see you have no recent violations on record. You know that if you'd done what you did at 2:30 PM instead of 2:30 AM you'd probably be on your way to jail right now?" "Yes, sir, that's why I didn't do it at 2:30 PM. (ha ha chuckle chuckle)"" "E-hem.., Well, watch your driving and have a good morning. I don't need to issue you a citation" "Thanks, officer."

On at least 2 other occasions that I've been pulled over, officer's have seen the rig and not said a word, but not issued any citations either.

Ok, so what's my point.... Here in Indiana by 3 different agencies at 3 very different times of day, spread out over a long period of time, at no time was I ever overly questioned, given any grief over or otherwise subjected to citation due to an amateur radio.

It'd be really easy to educate (obviously it is.. at least here in Indiana...)
Yes, officers make mistakes. But every law enforcement officer should know that Ham operators are exempt from such "scanner" laws and that we as Ham operators provide a valuable public service.

C'm on, people, education is the key, not sueing anything and everything.

c-ya,
Ken

 

In the state of Florida, it's Florida Statute 843.16, section 3, that exempts amateur radio operators from prosecution for carrying a radio with extended coverage. That said, a friend of mine, N3ICN, was pulled over by a JSO officer in 1999 and given the once over. Dave presented his wallet-sized copy of his license but couldn't quote the Statute number because he did not have it laminated on the back of his license. The officer not only ticketed Dave for his HTX-212, but confiscated the radio on the spot! Needless to say, Dave eventually got his rig back, but not without having to make a trip downtown. Who can say, that if he had shown the officer a copy of the Statute number in the first place, he would not have suffered the hassle of recovering his rig from the "radio pound" at JSO?

The Jacksonville Sheriff's Office has recently switched over to an 800 mhz trunked system that is encrypted. This should put an end to the confusion over who is legally monitoring law enforcement activities and who is up to no good. Even the old Icom R-7000 that was originally unmodified for 800 mhz is useless here. I know because I own one. Best dog-gonned scanner ever built. Only problem with it is that it has no 13VDC interface. That's good, because I'd hate to have it confiscated by some rookie cop who doesn't know his megahertz from his centimeters...

JaxJoe - KB4FOS

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (fredrichter @ June 12 2003,22:53)</td></tr><tr><td id="QUOTE">Dear KE4GPR and fellow hams,

You would do me a big favor if you disregard my previous posts and all the other posts I've made which are completely off the subject of Richard's dilemma.  Something related to this subject caused me to get on a high horse which cannot be helpful.  Name calling caused me to motor mouth. I apologize.

Fred Richter
KG6DHV[/QUOTE]<span id='postcolor'>
I don't recall calling YOU sir, any name at all.
Here is exactly what I said.
"The ACLU is good at defending SOME of the Bill of rights and the Constitution..... Just try to get them to take a case concerning the Second Amendment and watch them run from you like the plague. I believe that the ARRL and FCC needs to step up to the plate and knock this mooncalf of a judge out of the ball park.
And I wouldn't put any weight at all in what Michael Douglas thinks, especially while his mouth is open.
Just another Hollywood liberal stroking his pets. "

I believe I labeled the ACLU as useless.
I called the judge a Mooncalf and Michael Douglas a Liberal. While the judge may disagree with my opinion of him, Michael Douglas wears the liberal label and proclaims that he is comfortable with this label.
Other than that, I called NOONE in this forum a name.
The FCC and the ARRL can effectively deal with this issue without involving the ACLU, who only defend obscenities and pornographic images as freedom of speech/expression. Something, that by the way, the FCC forbids on HAM radio and most other wireless communications. The ACLU would want compromises from the FCC before it would even look at this case.
Personally, as a HAM, I would not want the ACLU to step into this arena and taint the HAM radio community. The ACLU completely ignores your right as an American Citizen of the United States to keep and bear arms.
Without the Second Amendment, the rest of the Bill of Rights and The Constitution are unenforcible and not worth the paper they are written on. Afterall, what good is the Bill of Rights, Constitution, and Declaration of Independence on paper, if the PEOPLE don't have the RIGHTS and MEANS to DEFEND it? The Second Amendment is just as relevant today as it was 175 years ago. It doesn't have a bloody thing to do with hunting.
I would suggest reading "The Federalist"documents to those of you who don't have a complete understanding of the Second Amendment. It has everything to do with The PEOPLE being able to, continually, from generation to generation, have the rights and the means by which to defend themselves from an oppressive, stifling, brutal government. What good is your freedom of speech if you do not have the right to defend yourself and your family and property? The ACLU defends Freedom of speech, yet they do not defend your right to defend your other rights. The ACLU defends pornography, yet they do not defend the right to life, liberty and the right to own a firearm. I am not calling anyone on this forum any names, but I will say that in my honest opinion, The ACLU should defend ALL RIGHTS outlined in the articles of the Constitution and The Bill of Rights. Not just the rights that fit their agendas. Otherwise they are about as useful as teets on a boar hog.
But opinions are like armpits, everybody has at least two and some stink and some don't.
And I digress........
And with that, yes, I will accept the apology and I will disregard any further digressions from the task at hand and that is to offer support and solidarity to a brother HAM who is being unjustly labelled as a criminal just because of his desire to have his radio in his car and antennas on his car. It sure sounds oppressive to me already. A presentation of a Federal license should have been the end of this police action, but some cop was feeling like a gestapo............
I do wonder what they do to folks with NRA bumper stickers?

 

MOTION FOR A CHANGE OF VENUE INTO FEDERAL COURT.

 

"MOTION FOR A CHANGE OF VENUE INTO FEDERAL COURT. "

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That's not an option. If it's a State Law, a Federal Court won't get involved, and wouldn't accept the case in the first place. The Ham would have to claim a civil rights violation of some kind, and sue the state, which would get into a lot more $$$. But the State and Federal Courts are not interchangable. Perhaps any lawyers out there can explain it more eloquently. (Like that word?)

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (wa9svd @ July 02 2003,21:55)</td></tr><tr><td id="QUOTE">"MOTION FOR A CHANGE OF VENUE INTO FEDERAL COURT. "

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   That's not an option.  If it's a State Law, a Federal Court won't get involved, and wouldn't accept the case in the first place.  The Ham would have to claim a civil rights violation of some kind, and sue  the state, which would get into a lot more $$$.  But the State and Federal Courts are not interchangable.  Perhaps any lawyers out there can explain it more eloquently.  (Like that word?)[/QUOTE]<span id='postcolor'>
I'm not an attorney, but........

At issue is PR91-36, a Declaratory Ruling, in which the Commission clearly nullified state laws that restrict operation of mobile amateur equipment, even on frequencies outside of amateur bands.

Since NY State did not obey the law by allowing NY 397 to continue to prohibit operation of amateur equipment outside of amateur bands, there is cause for federal action.

The US Attorney, has sued states in Federal Court, when state laws or law enforcement have been or have acted contrary to US law.  Lots of citations, too numerous to mention, in that regard.

So, the US Attorney for the Northern District of New York could file a civil suit in Federal District Court to nullify NY 397's provision which is contrary to federal law.  Simple as that.

Perhaps if more than a few NY hams were to contact the US Attorney's office in Syracuse, something might just happen.....


Lee
W6EM
Bradenton, FL

 

so what finally happened , is it over?

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (kb8wmz @ Aug. 29 2003,18:35)</td></tr><tr><td id="QUOTE">so what finally happened , is it over?[/QUOTE]<span id='postcolor'>
Yep...
Judge Dismissed...
There is another thread on here that tells the whole story...