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Posted on 03/11/2006 5:23:16 PM PST by Denver Ditdat
Dennis L. and Brenda F. Alford consider themselves law-abiding citizens. He is retired from Volvo Heavy Truck Plant and a greeter at the Wytheville Wal-Mart. She is a registered nurse at Carrington Place at Wytheville Birdmont Center.
Imagine their surprise Wednesday morning when county and town law enforcement officers descended on their Locust Hill Road home. A search warrant was executed and eventually five two-way radios, four scanners, a computer, a power supply, radio tuners and an amplifier were seized.
"They made us go in the living room and sit there," recalled Mrs. Alford. "They kept us under surveillance. It really scared us. It upset us so bad that both of us missed work that night."
Dennis Alford added, "They treated us like we were criminals. Like we had been convicted of something."
A diabetic, he had to use the bathroom during the 90-minute search of his home. According to Alford, he was escorted by a deputy who stood outside the bathroom door until he was finished.
Alford makes no secret of his interest in two-way radios and is a licensed ham radio operator. He and his wife were volunteers with the Wythe County Volunteer Rescue Squad for many years.
"A lot of the equipment I have is from being in the rescue squad," Alford stated. "I have never modified any of it. I've never interfered with any police transmissions. If I did, it was unintentional."
According to state law, owning any electronic communication device or equipment that is capable of interfering with emergency two-way radio communications is a class 6 felony. Actual interference is a class 1 misdemeanor.
An incident in early January prompted investigator Gary Davenport of the Wytheville Police Department to obtain a search warrant for the Alford home in eastern Wythe County. It occurred one night while Alford was working.
"On or about Jan. 7, 2006," the search warrant application states, "the Wytheville Police Department was experiencing extensive interference with its official radio dispatch. The interference contained audible clues that the transmissions were emanating from the Wytheville Wal-Mart."
The search warrant further notes that Officer D.L. Wall was sent to investigate and encountered Alford with radio equipment in his possession. Alford consented to a check of the hand-held radio.
"I had permission from management to use the Wal-Mart frequency," Alford said Thursday. "I'm up on the other end of the store and sometimes the communication is not good. I showed the radio to Officer Wall when he came in that night asking about it. I let him take it."
According to the search warrant, Alford's radio was capable of transmitting on the WPD system and thereby capable of interfering with law enforcement radio transmissions. It also states that Alford's equipment showed a transmission signature matching a signature from previous unlawful transmission recorded by the WPD.
"Further transmissions have continued to interfere in local law enforcement radio dispatch transmissions," the search warrant says. "The WPD and the WCSO (Wythe County Sheriff's Office) have investigated Mr. Alford's residence externally and found that radio transmissions are being emitted from the residence on the WPD and WCSO systems."
Albert Newberry, director of public safety for the town of Wytheville, pointed out that unlicensed users of radio frequencies can jam signals between police, fire and rescue personnel. Just listening on the frequency, he said, can cause static or squelch the signals.
"You don't have to be licensed to have a scanner," Newberry noted. "You have a limited ability to pick up on transmissions and you can't transmit over a scanner. Ham radio operators are licensed through the FCC and under emergency situations can dial into any frequency. They have laws and codes not to interfere with regular transmissions."
"Just having the capability is a crime," added Capt. Rick Arnold of the police department. "The equipment will tell us if Mr. Alford did or did not."
Charges are pending further investigation, according to Assistant Commonwealth's Attorney Lee Harrell.
"It's an unusual case," he commented. "I don't know where this will go. We would have to prove criminal intent. It is a big concern and very important that our police radio frequencies stay open."
That seems a bit backwards to me. I'd think the actual act of interfering with the police comm system would be a more serious offense.
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Typical small town police BS. You want to talk about where civil liberties are under attack and has real world consequencies this is typical
BTTT
I'd bet real money the police department has no idea what it's doing.
So9
Federal Law trumps State Law. Since his posession and use of the equipment was licensed by the Federal Government, I doubt the state law is valid.
Huh? No wonder I can't pickup WABC New York, there's too many people listening! (I'm in CA Sierra Nevada - buried in snow BTW)
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"According to state law, owning any electronic communication device or equipment that is capable of interfering with emergency two-way radio communications is a class 6 felony. Actual interference is a class 1 misdemeanor."
I have a flash for the cops. Their law is superceded by Federal Law.
I've never interfered with any police transmissions. If I did, it was unintentional.
If he's never interfered then why make the second statement? He knows that he was transmitting on their frequency.
The interference contained audible clues that the transmissions were emanating from the Wytheville Wal-Mart.
In other words, he probably said "Wal-Mart" while he was talking on their frequency.
I had permission from management to use the Wal-Mart frequency
In other words, he modified his radio to transmit out of band and had a bunch of local frequencies stored in memory. He tried to talk to the Wal-Mart people and instead he transmitted on the PD frequency.
According to the search warrant, Alford's radio was capable of transmitting on the WPD system and thereby capable of interfering with law enforcement radio transmissions. It also states that Alford's equipment showed a transmission signature matching a signature from previous unlawful transmission recorded by the WPD.
"Transmitter fingerprinting" hasn't been around for a long time, but it works great.
The WPD and the WCSO (Wythe County Sheriff's Office) have investigated Mr. Alford's residence externally and found that radio transmissions are being emitted from the residence on the WPD and WCSO systems.
Busted!
Just listening on the frequency, he said, can cause static or squelch the signals.
Clueless non-ham for talking about static, clueless reporter for not knowing what squelch is. Yeah, receivers do emit a radio signal, but not on the receiving frequency and not powerful enough to interfere with anything beyond a few feet.
Lawdude,
Call me stupid, but why is owning equipment capable of interferring with LE transmissions a felony, and actually doing it a misdemeanor?
It has me in a WTF moment?
DK
"Just listening on the frequency, he said, can cause static or squelch the signals."
Idiots who know nothing about radios, scanners, receivers, etc., and how they work.
These "small town cops" make small town cops look bad.
"Yeah, receivers do emit a radio signal, but not on the receiving frequency and not powerful enough to interfere with anything beyond a few feet."
Yup, back when I was a kid we used to modify our scanners so we could FM modulate the 10.7 if transmission...when you got close to a cop car they would hear what you were transmitting :-) usually we had it broadcasting what the car radio was tuned to.
Commercial FM stations use the same technique to see how many people passing by on the freeway are tuned to their station...they just listen 10.7mhz away from their frequency and if they hear a carrier that means another radio is tuned to their signal.
You can hold 2 fm radios close to one another and pick up the IF output from one on the other....just tune around and you will find it.
You can take a scanner to work and tune 10.7 away from the freq the boss's pager is at and use it as a 'Boss detector' :-) you will pick him up from 100' or so away.
Dope dealers have used pocket scanners scanning all the IF offsets the local cops use....if some plain clothes man comes near their scanner will pick up the IF output if they have a 2-way on them in recieve mode.
Strange law anyway, if it's as represented. There should be an intent clause in it. Anything that radiates in police bands would fit under the described law, including a cable TV line with an open shield.
Those people with big screen TVs are sucking up all the signal, too. There's none left for the rest of us!
Is it possible that the AgencyPerson quoted about the alleged negative impact of scanners is simply trying to discourage scanner ownership?
As I remember, some of the Keystone Kops Kommunity don't want scanners in the hands of the public.
Tech Ping
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It's true, a real campaign could be launched by someone offering to repeal as many stupid laws as can be found during a term in office.
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