Discussion in 'Freedom and Liberty' started by VisuTrac, Jun 16, 2011.
Police scanner apps illegal in Indiana - 13 WTHR
Wow, What a load of stinky stuff. Especially the FCC stuff. There has NEVER been ANYONE convicted, for violation of the Secrecy Clause in the Communications Act of 1934, as amended. As it turns out, many of these types of State Statutes fall, when appealed at the Federal level. Local Cop Shops like to have these Statutes on the books, to hassle people with, but it is very unlikely that ANYONE would ever actually be prosecuted under these type Statutes alone, due to Federal Preemption Statutes, that take precedent, when they are appealed in Federal Court. Any good defense Attorney would get these things kicked at the first hearing. ...... YMMV......
avoiding a traffic jam is personal gain
skippin around heavy traffic is personal gain
staying away from an ongoing crime is personal gain
lots of things can be claimed if the boys in blue want your backside
The "Watchers" don't like being watched! Same as the new 'laws' being crafted to prevent the public from videoing cops and TSA miscreants.
I wonder how that will be applied to news cameras ---
Ghrit, What we could do is to get SurvivalMonkey, accredited as a News Organization, by publishing a OnLine News Blurb, and then issue Credentials to all the interested Monkeys. Not even SCOTUS will mess around with the 1st Amendment, when it comes to News'ies.... Just an Idea....YMMV....
Isn't this the same state whose supreme court ruled that citizens can not resist any police search warrants even if illegal or unannounced???
This way criminals can now do home invasions while pretending to be the police...by the time most people would realize it, it would be to late...
makes ya just wanna build a fortress dont it?
If the people in Indiana don't care what law's are passed against them...Why would they even consider following the letter of the law...I just see another useless piece of paper here..Like a 50.00 fine for spitting on the sidewalk in town...
But everyone still spit's on it...
Back during my early military days, I'd drive from Florida up to the Chicago area periodically - when crossing the river from Louiseville, Ky into Indiana - I kid y'all not - SOMEBODY had erected a billboard on the highway just before the bridge proclaiming "WARNING! You are now entering a Gestapo Police State!"
And this was the early 80s!!
Just a NOTE, here, on this thread:
The Mobile App. that the article is talking about in the OPs POST, does NOT actually RECEIVE, and DeModulate/Decode the Police's RF Signal. What these
Apps actually do is allow the mobile Device to "Log in" to an Internet URL which has a Streaming Audio Server, connected to a Receiver that is tuned to, and can Demodulate/Decode, the RF Transmissions from the Police Radios within that sites Reception Coverage Area. I think it would be a Very Hard thing, to convince a Jury, that a person was violating the State Statute, just by Streaming Audio from someone else's Receiver across the Internet. I do not see where they (the State) would have any standing, to try and enforce such a Statue, against anyone who is just listening to the Streaming Audio feed. What would make this different from someone streaming audio from the local NPR Radio station, via the internet? Not to say that they couldn't try, but I think that in this specific case, the State Statute would be declared UnEnforceable on it face, as the specific RF Receiver was in a Fixed Location, and NOT Mobile as required by the State Statute, among other reasons that make it UnEnforceable. I suppose it could be construed as a "Conspiracy" to do so, but the State would have to also bring charges against the Receiver Owner, any and all, ISPs in the path of the Streaming Audio, between the RF Antenna and the speaker which was "Logged I" with the APP, and prove that by doing so, they ALL had violated the State Statute, and conspired to do so. That just wouldn't pass the SCOTUS Smell Test. My Opinion..... YMMV....
Too late, already am. Defensive Landscaping that looks "Decorative". Hardening my home as well, steel doors, triple layer glass windows with sorta decorativeness making it look like 6 sections to the window but it made from metal. Then put a storm window over that vinyl window. Lowest Windows on ground floor have my small but growing cactus garden too.
An just think, I'm NOT in Indiana LoL
Criminals are using the apps to elude the cops. Armed gang bangers are warned the cops are near, etc. As a result we get a do-gooder law which is ignored by criminals and can be easily applied to limit the Rights of citizens.
Prosecuted no; fined yes and Congress increased the FCC's fining abilities to $275,000. Doesn't it appear the FCC is in position to control free speech via regulation???
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