Gents,

Recently (May 2005) two young ham radio operators in my town, 
each of whom drove retired New York State Police cruisers
they had purchased at state auction were questioned and given
a hard time by both the local county Sheriff and several State Police
officers. 


Both are amateur radio operators and had numerous antennas for the ham
bands. On occasion they also operated KR 10 SP 24 Ghz radar units. The
Sheriff tried to tell them it was illegal for a non-police officer to have a
radar unit in their car (which is not true at all). 


The New York State Police made an inquiry of the FCC regarding their
operation of the radar units. 


As an ARRL Assistant Director and retired law enforcement officer who also
taught radio communication in the academy, I became curious and involved as
I mentored both hams helping them get their tickets.



GRANTED, they are "wanna be's" and I in fact did suggest they fly under the
radar (sic), but being young like we all were at one time, they flew above
it a little.  I knew they would most likely get stopped and questioned,
however as long as they wee not stopping anyone, they were legal. 


On a hunch I called Riley Hollingsworth and you guessed it, the NYSP in fact
did call him regarding the radar operation. I met with Riley at Dayton and
we had a chat regarding the issues and after several weeks, I received an
email with a copy to the Director of Communications of the New York State
Police (who I know) that it is perfectly legal for a ham to run a radar unit
in a motor vehicle or anywhere as long as the frequency it operates on is in
the amateur band.


NOW......X band is just outside the ham bands, but K band 24.150 Mhz if one
checks, is a shared allocation by hams and police. The FCC confirmed that K
band is not exclusive to the Police. I am aware of some X band units that in
fact have been  retuned into the 10 Ghz ham band by radar techs.


What the real problem  was here is the that two  are 20 years old, they had
cops toys and the cops did not like it. They got the usual treatment because
they were young.


The bottom line is that it is perfectly legal for a non-police officer to
run a radar unit mobile AND if the 10 Ghz in not tuned for the ham bands, it
is an FCC issue, NOT a POLICE issue. There is no probable cause to stop a
motorist, just because there is a radar unit on the dash.



Both have since sold their Crown Vics because they got tired of the unwanted
attention by the Police who had nothing better to do with their time. 

I took it upon myself to email the Lt. in the Sheriff's Dept. who had been
ordered to inspect the cars by the Sheriff and advise him of the FCC
response. He never acknowledged my email. Guess I took away all of their
fun. 


Fred
WA2MMX






-----Original Message-----
From: Repeater-Builder@yahoogroups.com
[mailto:[EMAIL PROTECTED] On Behalf Of Frank R. Vondra
Sent: Sunday, July 17, 2005 9:39 PM
To: Repeater-Builder@yahoogroups.com
Subject: [Repeater-Builder] Re: OT: NC man charged with 'driving a cop car'
due to ham antennas

As an amateur radio operator and 30 year law enforcement
veteran, I agree with you Lance. After blowing up the
photo of the 1995 Caprice displayed on the jars webpage,
I'm somewhat curious to know why the defendant has an
MPH K-55 mobile radar unit mounted on the dash? I'm sure
it's not for chasing DX on 10,525 mHz. Seems to me that
the police and prosecutor are probably on the same page
with this case and the arrestee is trying to play the
"ham card" as a defense.
Frank - WB0QQK


--- In Repeater-Builder@yahoogroups.com, Captainlance 
[EMAIL PROTECTED]> wrote:
All too true, but being both a ham , and being in Law Enforcement, I 
cannot see an officer just giving a ticket for what he perceived as 
a " cop car"... this violates basic rights guaranteed to us all. 
Perception is not a basis for a violation, it would seem that there 
may be parts of the occurrence missing from the story.
Lance N2HBA









 
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