FLORIDA JUDGE THROWS OUT CASE AGAINST HAM
A County Court judge in Florida has dismissed a case against Joseph Osborn, KF4HXE, of Plantation, Florida, whose radio gear was confiscated by police under Florida's "scanner" law earlier this year. Osborn was involved in a minor accident on May 8, 1997, and subsequently cited by police in Davie, Florida, allegedly for breaking state law by having radios in his car capable of receiving police frequencies. Although the law specifically exempts hams, Davie Police impounded Osborn's equipment anyway because he could not produce his ham ticket -- lost during a recent move. Even after Osborn showed Davie Police a copy of his license, authorities refused to drop the charges or to return his radios. Osborn later learned that police might have tampered with his equipment, possibly damaging it and voiding warranties.
Alexander L. Kaplan, KF4QBU, of Boca Raton -- an ARRL Volunteer Counsel -- represented Osborn. John Hennessee, N1KB, of the ARRL Regulatory Information Branch, supplied information on federal pre-emption.
Broward County Court Judge J. Steven Shutter ordered the case dismissed late last month. Shutter said the state law does not require hams to have their licenses in their possession, as local police had asserted. The judge also cited federal pre-emption of prosecution of hams under state and local laws that make it illegal to possess scanning radios capable of receiving public safety or emergency frequencies. Florida's law bans such scanners in vehicles and in retail stores, but not in homes.
Shutter ordered Davie police to return Osborn's radio equipment within ten days of his ruling and to provide an affidavit specifying "who, what, when, where and how the radios were examined and what was done to them." Osborn has since recovered his radios from the Davie Police but not the required affidavit. Kaplan said this week that he's considering filing a contempt order. He also says he's begun civil proceedings against the Town of Davie. Meanwhile, an independent repair shop is evaluating Osborn's equipment to see if it was damaged.
All I can say is NaNa Boo Boo to Mr Bubba cop!
73
CWM
A County Court judge in Florida has dismissed a case against Joseph Osborn, KF4HXE, of Plantation, Florida, whose radio gear was confiscated by police under Florida's "scanner" law earlier this year. Osborn was involved in a minor accident on May 8, 1997, and subsequently cited by police in Davie, Florida, allegedly for breaking state law by having radios in his car capable of receiving police frequencies. Although the law specifically exempts hams, Davie Police impounded Osborn's equipment anyway because he could not produce his ham ticket -- lost during a recent move. Even after Osborn showed Davie Police a copy of his license, authorities refused to drop the charges or to return his radios. Osborn later learned that police might have tampered with his equipment, possibly damaging it and voiding warranties.
Alexander L. Kaplan, KF4QBU, of Boca Raton -- an ARRL Volunteer Counsel -- represented Osborn. John Hennessee, N1KB, of the ARRL Regulatory Information Branch, supplied information on federal pre-emption.
Broward County Court Judge J. Steven Shutter ordered the case dismissed late last month. Shutter said the state law does not require hams to have their licenses in their possession, as local police had asserted. The judge also cited federal pre-emption of prosecution of hams under state and local laws that make it illegal to possess scanning radios capable of receiving public safety or emergency frequencies. Florida's law bans such scanners in vehicles and in retail stores, but not in homes.
Shutter ordered Davie police to return Osborn's radio equipment within ten days of his ruling and to provide an affidavit specifying "who, what, when, where and how the radios were examined and what was done to them." Osborn has since recovered his radios from the Davie Police but not the required affidavit. Kaplan said this week that he's considering filing a contempt order. He also says he's begun civil proceedings against the Town of Davie. Meanwhile, an independent repair shop is evaluating Osborn's equipment to see if it was damaged.
All I can say is NaNa Boo Boo to Mr Bubba cop!
73
CWM
