Illegal?

[967]

Hi all.

Is it illegal, in San Diego, to drive around and go to calls you hear on the radio? I never get out of my truck or do anything stupid, I mainly just get bored sometimes and kill time by driving around and listening to my scanner...should I quit doing this?

Thanks!
Keith

[fotoguy]

Im not sure of the legality on city streets as the freeway its no stopping anytime, but unless you have a reason to be there I would stop going. Here is a little bit of LAW


PENAL CODE
SECTION 630-637.6 is the law reguarding scanners

BUT

Section 405.9 says.... OK I sum it up

"409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers (and FD)....... close the area where the menace exists for the
duration thereof .......... (c) Any unauthorized person who willfully and knowingly enters ... shall be guilty of a misdemeanor."


I know of a guy that was doing that and was put under investagation as a suspect for a string of fires and another "scanner junkie" that had their truck impounded for interfering with a police pursuit. Emergency scenes are a dangerous place to be with pissisd off people, suspects, drunks.

[w6pix]

Hi all.

Is it illegal, in San Diego, to drive around and go to calls you hear on the radio? I never get out of my truck or do anything stupid, I mainly just get bored sometimes and kill time by driving around and listening to my scanner...should I quit doing this?

Thanks!
Keith

Well, officially it's illegal under PC 402 (below). I've never heard it invoked, however.

402. (a) Every person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities of police officers, firefighters, emergency
medical, or other emergency personnel, or military personnel coping
with the emergency in the course of their duties during the time it
is necessary for emergency vehicles or those personnel to be at the
scene of the emergency or to be moving to or from the scene of the
emergency for the purpose of protecting lives or property, unless it
is part of the duties of that person's employment to view that scene
or activities, and thereby impedes police officers, firefighters,
emergency medical, or other emergency personnel or military
personnel, in the performance of their duties in coping with the
emergency, is guilty of a misdemeanor.
(b) Every person who knowingly resists or interferes with the
lawful efforts of a lifeguard in the discharge or attempted discharge
of an official duty in an emergency situation, when the person knows
or reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.

(c) For the purposes of this section, an emergency includes a
condition or situation involving injury to persons, damage to
property, or peril to the safety of persons or property, which
results from a fire, an explosion, an airplane crash, flooding,
windstorm damage, a railroad accident, a traffic accident, a power
plant accident, a toxic chemical or biological spill, or any other
natural or human-caused event.

[SkipSanders]

Legal or not, the question in your mind should be, is it sensible?

As pointed out above, it IS illegal to go to the scene of a disaster (which is defined as pretty much any police/fire type activity) to sightsee.

Why? Because the cops and fire folk don't need people getting in thier way.

Note that just BEING there at some scenes is interfering, because when they see unknown you sitting around nearby, they are distracted from what they're doing by the need to consider that YOU may be a threat, and have to check you out. That applies to any form of surveillance activities for certain.

Use common sense. Accident scenes are already a mess. Further vehicles on scene is not good. If it's something like a major fire, where there no doubt will be many other citizens watching, as long as you do NOT cross fire lines, drive over hoses, or otherwise add to the problems, no one is going to bother you.

Section 402 exists so that if you annoy a cop on the scene of something, he has a handy law to cite you with. If you aren't bothering anybody, bearing in mind THEY decide if you are, not you, you probably won't have problems.

[Batman2150]

I heard a story from back in the 70s about a scanner enthusiast who kept showing up at NTF surveilances. They didnt know who he was so they ran his plate. He (the scanner nerd) heard them run his plate and contacted NTF to assure them that he was a "good guy". He was told by NTF if he showed up at any more he would be arrested.

[N6ATF]

National Turkey Federation?