Question:
A couple of weeks ago I got pulled over for a Level 1 inspection. The officer found a couple of minor BS things to write up on the inspection sheet as 'Warnings'.
He did however, search my car (without my permission), and come out carrying my scanner. When he found it, it was NOT in use. I was issued a ticket for possessing a scanner in a CMV (in MN). I was wrong and I know it. I ONLY use the scanner for up to the minute weather info and to listen to plow cars when I run out west during the winter.
The fine is $290. I'll gladly pay it, but I'd like to keep the misdemeanor off my record. I asked the clerk at the courthouse when I called to ask how much my fine will be, she told me the best way to go about it, is to talk to the City Attourney and see what he has to say.
I've tried 4-5 times to call him and ask, but he's always 'in a meeting'. So each time, I leave my name, number and what I need to speak to him about, with his secretary. So far, he hasn't called me back. Go figure.
Other than to keep trying, is there any other way to get this guys attention? I can't afford to take time off and go 'camp out' at the courthouse and wait for him to come to work.
I have until COB, the 19th of Oct to pay the ticket.

Answer:

Being on the opposite coast, I can't answer the question, but I offer the following thought.
Is it a "criminal" misdemeanor, or is it a "simple traffic infraction" misdemeanor?
For example,
1) speeding here is a simple traffic infraction, pbut it is also a class 4 misdemeanor as defined by it's punishment ... max $100 fine. It goes on your DMV record, not on criminal record.
2) reckless driving is a serious violation of the motor vehicle code, it is punished as a class 1 misdemeanor, maximum $25-- fine and/or 12 months jail, and it may result in a 6 month license suspension first conviction ... but even if the judge throws the book at you, you do not start a "criminal record", it all goes on your DMV record.
3) DUI also is traffic related, it is a class 1 misdemeanor first two offenses in ten years (the third one in ten years is a felony), and the record is put on both your DMV record, and your "criminal record" as maintained by the "Central Criminal Records Exchange" (CCRE for short, as it's called here in Va.) and one gets fingerprinted. If only a misdemeanor, it goes no further. If it's a Felony level DUI, it is also recorded with the FBI.
4) A radar detector here is an "unclassed" misdemeanor, it has it's own punishment, it is a non point violation and the only place a record is filed is DMV records, it is not a "crime" for the purposes of being reported to CCRE.
What are the particulars of the charge which you were charged with? Who is a conviction repoted to, where are the records going to be kept (besides the court that is)? If it's a simple violation of the motor vehicle code, it likely is only recorded with the state's DMV and no points acrue. If jail time is a possibility, then it's a more serious misdemeanor and might be worth a trip to court.
I don't know the answer to your question, I just posted this to give you some idea of the various levels of misdemeanors that you are dealing with and how to tell them apart. Clear as "mudd" ain't it?
(ps ... scanners are OK here, it's radar detectors and jammers that violate our state's laws, in or upon any motor vehicle.)
Good luck................

Answer:

Hoss, go take the test and get you Ham radio lic. It is only like 30 very easy questions. 10 bucks for the book to study. No morse code needed.lol Could work.
Should be real easy to explain how you scientific experiments require a scanner in you car as you try to make sure folks are not broadcasting on radiuses they should not be. How can YOU catch them if you do not have the equipment?
I have not had a problem explaining my equipment in my car once I say I have a Ham radio lic and like to scan to listen for new things or emergency calls.
I did have a little instance explain my 800 MHz scanner when I got searched at the Canadian boarder. I explained (lied) how I bought the equipment and was hoping to tune it down. I just never had the time to get to it.
Hey, may be a way to get a Ham lic and out of a $200 ticket. May be worth a try. The rights that are given to you are INTERNATIONAL in over 130 countries.
You never know. You may give them more crap to go through then they think is worth it. loll

Answer:

Minnesota along with New York have the most stringent anti-scanner laws. It appears to be a criminal misdemeanor but not sure how or if it will be reported. The clerk of court might be of some help.
If you are going to keep the scanner you need to get the amateur license since they are exempted.
Two points about your particular situation. One is whether the search was legal. Most courts will rule that it was since carers are part of a highly regulated industry and not subject to the same rights of privacy as other drivers. That doesn't prevent you from arguing that it was an illegal search and the ADA just might buy into it and offer a lesser offense.
The other is whether your car was "equipped" with a scanner. Assuming that it is the standard batttery operated type your only argument would be where the scanner was located. If it was easily operable from the driver"s seat you are probably sol. If it was in a closed personal container then it was an illegal search only if the officer admits that is where it was and you did not give permission.

Answer:

A little additional info here.
In most cases, and this may change due to locale, a scanner that is "fixed" to the vehicle is the part that gets you.
"Fixed" or "affixed" is generally defined in the laws I've read as being in some way "permanently" attached to the vehicle and drawing power from the vehicle.
Most scanner enthusiasts get around this legality by not "mounting" the unit and letting it use it's own batteries for power.
As far as I know, there's no Federal law or rule that says a scanner is illegal for use in a CMV. Just local or state laws and they don't diferentiate between CMV or passenger vehicles.
My question is one of confiscation. Can the officer legally confiscate the device under these circumstances? It is, afterall, just a misdemeanor in your state.
A note to Morris. Amateurs may not be exempt in all states. I don't know which, if any, disallow the exemption.
Bobc

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The states that have scanner laws usually state "use in the commission of a crime" or similar language. A few states like MN ban them entirely in a vehicle unless you are a ham operator. The law in NY regarding the ham license is vague but so far there have been no reports of anyone having any trouble. They have lots of other things to worry about there.
I have not encountered any other state that does not have the exemption or is considering a scanner law that does not contain the exemption. If you have the license you are on pretty safe ground as long as you are not acting as lookout for The Sopranos.

Answer:

Hoss, if this is a misdemeanor, you need to talk to an attorney and fast! If found guilty, you can face jail and/or probation. This will require you to stay in your home county unless you are given special permission to leave. You will also not be allowed into Canada while under the control of the probation department, you will have a criminal record, and will likely lose any security clearances.

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Hey Hoss, what happened?

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deleted.

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Well, since I was never able to get in touch with the City Attourney, I paid the fine.
I got a money order and sent it via FedEx overnight delivery.