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Can this really happen?

Things perhaps done wrong..

You talked to the cop ( hind site is 20/20 )
You had a channels modified as well as slight power moded radio
(where it is illegal according to the F.C.C. )

======================

What you did right..

Hired an attorney ( even though it can be looked at as a possible doing so..as if from guilt of having committed the supposed accused issue ) is a good thing..given he has best legal grounds to dispel charges levied against you un-justly ( as it surely so sounds )..

You un did the modes that could have been brought into question
that could have gone to show possible intent to cause harm
(even though there would not have had to be active intent..to make that claim )..

You un covered how the one bringing these charges against you, has a clear intent on singling out people who are transmitting that just happen to be in the area he is at time he is using his R/C equipment ( and thus having made 3 prior complaints..none of which as yet was found favorable to his supposed claims against those prior people/complainants ) which your attorney likely will be able to show a repeated lack of faith in the said charges currently being levied against you..

=======================

It is up to the one making these supposed claims against you to show..

You intended to do the interference you are so accused of..

You have a radio so able to likely cause said interference..

That his right to operate and use his R/C equipment somehow out weighs your right to use your un moded legal cb.

That the F.C.C. in its laws and regulations proves out you were mis using your cb..

That you were even actively using your cb at said time of his crash of his R/C equipment..

====================

I think i recall having read that you had a power mike you thought may be considered to be a possible cause of what you think the party leving these charges against you, could use to say..see..that is un fair and wrong.. Yet Power mikes are fully and completely legal..

==================

In my eyes...especially

The guy who levied these charges against you are baseless..

Is good you hired an attorney..for even though the average person would recognize it as so being fully baseless... one never knows how a court/judge would consider it....if the one bringing said charges against you has gotten an attorney ( with you not having one ) for then you could get screwed (not having full knowledge and understanding how to let the laws help you properly..


This should end up well for you ( as far as law is concerned )
When it does....Do be sure to counter sue to the FULLEST extent of the law ( do be sure your attorney covers all costs of your missed time at work..travel expenses as well as un due stresses so levied against you as result of these baseless sueing that was brought to you without merit..

================

Let us know how it goes when all the dust settles
 
From the labelling requirements of Part 15:

This device complies with part 15 of the FCC Rules. Operation is
subject to the following two conditions: (1) This device may not cause
harmful interference, and (2) this device must accept any interference
received, including interference that may cause undesired operation.

The requirements at one time included some extra implied protection if the interference was from a LICENSED service, which CB hasn't been for almost 50 years.

1) At the time of the crash did the person have a LICENSE to fly the device ... AKA certified under what rules if Part 15 case closed.

2) The legailty of the CB radio would have to be a FCC call and done at that time HEARSAY about the radio being modified or illegal will not stand I have been in a fight for 10 years with a local with a 49 MHZ coedlless phone that my 6 meter station kills the FCC has backed me 100% a part 15 device has NO protection even if your radio is illegal. The LEGAL part is a another matter between you and Laura Smith.

3) I have worked for radio shops for several law enforcement agenices for almost 20 years the question of officers inforceing FCC rules comes up and the answer is NO unless they fall under the very limited peremption law ( PL 106-521 ) and that dosn't cover PART 15 devices or radios in cars or trucks.

This is the only RADIO law i can find .... and RC radio or CB is not in it ....

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;

Did he write a ticket for " while commiting a crime " ? CB radios are not covered if so someone inform me otherwise .....
 
This is purely speculation since I obviously haven't seen the complaint that was filed. My guess is that the complaint has nothing do do with anything that would be under the jurisdiction of the FCC. Even if you have a 100% perfectly legal radio station (ham ticket, even), someone could still try to sue you for damages and try to prove that you willfully intended to harm them or were just negligent which caused damage to their property.

In other words, if you know or should have known that your radio will cause interference to their R/C plane and it can be shown that your actions caused it to crash, even if both parties' equipment is operating as designed, a plaintiff could be awarded damages in a civil court. If the plaintiff can show that the crash was caused by malicious intent, gross negligence, or just a willful disregard for his rights he can win. The burden of proof in a civil case like this is only greater than a 50% probability. If a judge or jury believes that there is a 50.1% likelihood that his side of the story is legit and you caused the crash, you could be out of some cash. Of course, it might take quite a bit of litigation to get to that point, but that's why you need to retain your own lawyer in advance.

If this goes to court, it will have nothing to do with the FCC's rules or regulations. At least that's what this case sounds like to me.
 
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that is the question i had posed earlier.

the ticket is one thing and a civil suit is another in which the ticket may or may not be brought into (will depend on judges ruling at civil suit)

And this is why the attorney at a very early stage was important in this case, because the plaintiff obviously already knows how to play the game.

So my question perhaps to shioda or bammbamms attorney is how to get this ticket dismissed and or into the fcc's jurisdiction-may or may not happen.
 
This is purely speculation since I obviously haven't seen the complaint that was filed. My guess is that the complaint has nothing do do with anything that would be under the jurisdiction of the FCC. Even if you have a 100% perfectly legal radio station (ham ticket, even), someone could still try to sue you for damages and try to prove that you willfully intended to harm them or were just negligent which caused damage to their property.

In other words, if you know or should have known that your radio will cause interference to their R/C plane and it can be shown that your actions caused it to crash, even if both parties' equipment is operating as designed, a plaintiff could be awarded damages in a civil court. If the plaintiff can show that the crash was caused by malicious intent, gross negligence, or just a willful disregard for his rights he can win. The burden of proof in a civil case like this is only greater than a 50% probability. If a judge or jury believes that there is a 50.1% likelihood that his side of the story is legit and you caused the crash, you could be out of some cash. Of course, it might take quite a bit of litigation to get to that point, but that's why you need to retain your own lawyer in advance.

If this goes to court, it will have nothing to do with the FCC's rules or regulations. At least that's what this case sounds like to me.
I'll go a step farther and say that if he did cause the copter to crash and it was unintentional - that there was no 'malice of forethought' - he is still liable for damages. Damages don't have to be intentional to be brought to a civil court. If he did it with malice/'malicious'mischief' then he liable for criminal actions too.

The Feds will probably have the first shot at this case though, as they do have pre-emptory status as Shioda pointed out.

EDIT:
So long as BammBamm wasn't talking on the radio as he claims, and the copter was controlled with the 2.4gHz gear, there simply is no case. BammBamm might even seek malicious prosecution from the copter dude. Especially because it can be demonstrated that copter dude has tries and failed doing this X number of times before.
 
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This is purely speculation since I obviously haven't seen the complaint that was filed. My guess is that the complaint has nothing do do with anything that would be under the jurisdiction of the FCC. Even if you have a 100% perfectly legal radio station (ham ticket, even), someone could still try to sue you for damages and try to prove that you willfully intended to harm them or were just negligent which caused damage to their property.

In other words, if you know or should have known that your radio will cause interference to their R/C plane and it can be shown that your actions caused it to crash, even if both parties' equipment is operating as designed, a plaintiff could be awarded damages in a civil court. If the plaintiff can show that the crash was caused by malicious intent, gross negligence, or just a willful disregard for his rights he can win. The burden of proof in a civil case like this is only greater than a 50% probability. If a judge or jury believes that there is a 50.1% likelihood that his side of the story is legit and you caused the crash, you could be out of some cash. Of course, it might take quite a bit of litigation to get to that point, but that's why you need to retain your own lawyer in advance.

If this goes to court, it will have nothing to do with the FCC's rules or regulations. At least that's what this case sounds like to me.


This is the most sensible and unbiased post so far in this thread. (y)
 
Instead of not talking I let my anger get the best of me and talked to the cop along with showing him my radio setup without showing extra channels. I did talk to my lawyer this afternoon who has told me I have nothing to worry about and if this does go to court there is no way that this guy can win anything Do to the laws of R/C vehicles which must accept any and all interference yet cause none of their own by emissions. By law I can't say the name of the other party here but I now know who it is and by my lawyer searching a little have found he is the VP of a local R/C club in my area and court records show he has a history for this and if he pursues this case I will be his 4th "victim" in 3 years 1 of his lawsuits claimed interference from a cell phone tower near a field that was used for R/C. He lost that 1 along with another with no information on it other than his name versus another and the outcome. The first case he had states pending and was from March of 2008. I am no longer worried just waiting and my 148 is at the shop to be turned back to a stock 148 for a while. I hope my 257HP comes back soon so I can be more than a mud duck. I will keep you informed and I have a printer but no scanner to scan the report but it looks like a speeding ticket and in the offense section wrote in says "Intended radio interference which resulted in personal property damage to said complainant."

What a faggot, I hope next time his RC gets interference its from a pellet gun. The only thing worse than someone who frivolously sues people is a damn judges who allow it in their courts.
 
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What a faggot, I hope next time his RC gets interference its from a pellet gun. The only thing worse than someone who frivolously sues people is a damn judges who allow it in their courts.


Take a valium bud....you weren't there....you didn't see what happened. Do you always base your judgements by hearing only 1 side of the story?
Besides absurd lawsuits are the American way......the woman who spilled her coffee on herself in a McDonalds drivethru got about $100,000.
The last punk who pointed a pellet gun in my direction got to look down the barrel of a Sig Sauer P230 and he won't get out of jail for another 2 years.
 
Don't worry, you're not guilty and will be acquitted of the charge. You have the evidences to prove you're innocent....
 
According to a freind that is a LEO, they have no jurisdiction over Federal law. The case should be nulled. Contact the local FCC, and explain your situation. Put the cop on the stand, and have him testify what he knows about this problem, and ask him when he was certified on radio electronics. Did he operate the RC toy with your radio? What is his probable cause to even knock on your door? Did he read you your Miranda rights, before looking at your radio? This is not only frivolous, but a farce. Don't forget to counter sue for lost time at work, and punitive damages, and stress caused by these accusations.
You did make a major error, you co-operated, showed alleged evidence, and failed to assert your right to remain silent, although that is the officer's fault, for not reading you your rights. Miranda does not only apply during an arrest, but during any questioning, even in your own home. This case ought to be thrown so far out, the complaintant will not need air toys. He can watch his phoney case do loopty loops.
I'm done, now.
 

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