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Can this really happen?

Discussion in 'General CB Services Discussion' started by BammBamm, Oct 23, 2011.

  1. Needle Bender

    Needle Bender ...he thinks it's funny that I stepped in it

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    "the fall guy" LOL!:LOL:


     

  2. Moleculo

    Moleculo Administrator
    Staff Member

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    The first mistake you made was to talk to the cops when they knocked on your door and explained why they were there. As soon as they started questioning you, the BEST thing to do is to politely ask them to leave. Make your accuser do the legwork; don't allow anything you say to the cops to be used as evidence.

    If you don't feel like watching this whole thing, go to the 3:00 mark:

    Don't Talk to Cops, Part 1 - YouTube
     
  3. Robb

    Robb Yup

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    That might have been the better thing to do Mole. However, it didn't happen that way. But BB can still maximize this as an opportunity for his defense. The cop's police report can now be entered in as evidence that supports his claims.

    Nice viddy; watch it if you haven't.
     
  4. Moleculo

    Moleculo Administrator
    Staff Member

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    When you go to the door to see him and he starts asking questions, you cut to the chase and ask him what he is looking for. After he answers, That's the point in time right there where you politely decline to talk and close the door.
     
  5. BammBamm

    BammBamm Instigators ...173 on the southside.

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    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."
     
  6. Robb

    Robb Yup

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    Maybe this guy will get the idea somewhere down the line.

    He should get out of R/C stuff and get a radio instead.

    Glad you got a lawyer - right move.
     
  7. Needle Bender

    Needle Bender ...he thinks it's funny that I stepped in it

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    i know me and id already be talking to rc techs about being able to jam 2.4 so i could have fun with this turkey
     
    1 person likes this.
  8. mackmobile43

    mackmobile43 Jock Supporter

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    There are tons of devices on that frequency, cordless phones, wireless routers just for starters to which emit a strong signal at a given distance and being they are uhf pass right through walls,trees,cars,planes. oh my!
     
  9. Kamikaze

    Kamikaze Active Member

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    When this is all over please let everyone know who the guy is and when he flys.

    We could hold the next big keydown competition there and show him the difference between pretend and real RFI.
     
    1 person likes this.
  10. Shioda

    Shioda Active Member

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    Sounds like this guy will sue you, based on your lawyer's search of the court dockets. Hard case to prove, but he could call you as a witness and force you to testify since it is a civil case. Changing your radio back to stock is problematic. Generally, subsequent remedial measures are not admissible to prove liability. However, it depends on your state's laws. Of course, since everyone will be under oath, you have to tell the truth. Don't want to be charged with perjury. If he lies, you might end up having to prove to the judge you were not transmitting or your radio was stock.

    The real interesting question is whether it would even get to trial. Generally, the FCC has exclusive jurisidiction over interference claims.

    Still v. Michaels, 791 F.Supp. 248 (D.Ariz.1992) (nuisance action preempted by Federal Communications Act); Still v. Michaels, 166 Ariz. 403, 803 P.2d 124 (1990) (FCC has exclusive jurisdiction over resolution of radio signal interference nuisance claims); Smith v. Calvary Educational Broadcasting Network, 783 S.W.2d 533 (Mo.Ct.App.1990) (Federal Communications Act preempts state nuisance action based on radio signal interference with electrical appliances); Blackburn v. Doubleday Broadcasting Co., Inc., 353 N.W.2d 550 (Minn.1984) (radio transmission nuisance claims under exclusive jurisdiction of FCC).

    Its unfortunate, but hiring a lawyer might cost more than the amount the guy is claiming. However, you might be covered by any homeowner's insurance you have. They would pay for an attorney for you.
     
    2 people like this.
  11. psycho

    psycho Running a special on our rooms!

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    I have a couple RC Helicopters and I control them with a 6 channel 72 mhz FM radio/receiver.
    That eliminates the CB interference problem.....period.
    Of course I have about $5000 invested in both of them, they ain't cheap.
    Trying to crash someone's R/C aircraft on purpose is just childish and if Bambam caused the crash, then he should be a man and pay up.
     
  12. Needle Bender

    Needle Bender ...he thinks it's funny that I stepped in it

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    whats childish is what he is doing. i bet some cber crashed his plane 30 years ago when he was a kid and couldnt afford to fix it so now hes got it in for everybody with a radio.
    so here we have a guy who will try a fourth time to blame someone else for his incompetent flying and waste courtroom time. if he is using 11m and hasn't changed his frequency by now to me it shows negligence on his part.
     
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  13. GLR

    GLR Keeping It Good Natured

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    Posting this thread was the dumbest thing you could do. Having your radio changed back to "stock" was the second.

    Deny deny deny.
     
    1 person likes this.
  14. Needle Bender

    Needle Bender ...he thinks it's funny that I stepped in it

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    bammbamm putting your radio back to stock was a smart thing to do. now you dont have to worry about fines if it gets confiscated as evidence. asking about something thats probably impossible due to newer frequency bands of rc planes was a smart thing to do so you could get a number of opinions to help you.
    glr you sound like your presuming hes guilty. is that jesus on your avatar?

    judge judge judge
     
  15. Robb

    Robb Yup

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    Yes, and it will be a battle, battle, battle in court. That is the bottom line.

    If the FCC is going to be involved; then they will come to your door, expect to come in, and inspect your station. All of it. They may confiscate all of your gear and inspect it and then return it if it passes. Or they may test it there and let you keep it if it passes.

    Since you own a 10m radio; then I highly suggest that you restore it to its original 10m state and possibly consider studying for your Ham tech exam. You can do this at QRZ. You don't have to do that; but I would suggest that you consider it at this time. No linears either, as there would be no legitimate reason for having them inline.

    Either way, expect to get a knock on the door from Uncle Charlie.
     

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