rafaeld@teklabs.UUCP (Rafael De Arce) (08/20/85)
Someone suggested that if a person was caught by the local police jamming their radar guns, that the local police would have their day with them. Illegal emissions of RF is a federal matter prosecutable solely by the federal government. The local police could only serve as witnesses for the F.C.C. that a crime, indeed, took place. In the cases where people were jamming CB frequencies or ham repeaters... It was the F.C.C. that cought and procecuted the jammers. NOT LOCAL POLICE! The reason for this is simply that RF knows no bounds and local law enforce ment has a well defined jurisdiction. One could easily post ones self on top a hill in the next county or state and jam any and all frequencies and feel self assured that the police in the next county or state couldn't lay a finger on them. The F.C.C. has jurisdiction over the entire U.S.A. and its posessions and ships at sea registered under the american flag.
phl@drusd.UUCP (LavettePH) (08/22/85)
One of the problems the police have is understanding that, just because their radio is licensed with the FCC, their radar gun (which requires a seperate license) isn't. A good trial lawyer establishes whether or not the radar gun is a licensed *transmitter* under FCC rules and if it was not licensed evidence derived from its use is inadmissable in court. A while back, POPULAR COMMUNICATIONS ran an article about how a whole area's speeding convictions were reversed because of the pig's illegal use of unlicensed transmitters. They were ordered to refund any fines obtained from radar-gun evidence and remove any points charged against anybody's license because of illegally obtained evidence. I haven't seen a followup as to how this case survived the appeals. - Phil
tw8023@pyuxii.UUCP (T Wheeler) (08/22/85)
One point. Local police DO have the jurisdiction to make arrests in federal cases. They must contact the feds and turn the person over to the feds though. The oath they take when they take the job includes local, state, and federal law enforcement responsibilities. Most of them are not aware of the federal laws they are charged to enforce, however, so they don't bother and leave it up to the feds. T. C. Wheeler
parnass@ihu1h.UUCP (Bob Parnass, AJ9S) (08/23/85)
> One of the problems the police have is understanding that, just because > their radio is licensed with the FCC, their radar gun (which requires a > seperate license) isn't. Although this was true in the past, it is my understanding that traffic RADAR used by police is no longer required to have a license separate from their conventional radios used in the Public Safety Service. =============================================================================== Bob Parnass, Bell Telephone Laboratories - ihnp4!ihu1h!parnass - (312)979-5414 -- =============================================================================== Bob Parnass, Bell Telephone Laboratories - ihnp4!ihu1h!parnass - (312)979-5414