"zerg90" wrote in message
...
I Googled "Joe Howerd" & Kansas - this was the only hit - from 2004 -
a prison guard sent to a mental hospital -
http://www.slashlegal.com/showthread.php?t=49210

I think that the Wiretap Act has superceded the Comms Act of 1934. The
Wiretap Act seems to say that you cannot tell anyone what you have
seen on TV, unless you turned the TV on accidentaly. At best, I think
the Federal law is very murky. Does anyone really think that it is
legal to have a scanner, but it is illegal to tell anyone what you
hear? That is CREWL and unusual punishment :-)

There is a recent thread at radioreference.com about this. Peter Sz


That's why any time I see something like this, with no links, I am very
skeptical. There are so many stores that make the rounds on Usenet, that
soon take on a life of their own. The better it sounds, the faster it
spreads, so of course with each re telling it tends to get better.

Back when analog cell phones could be listened in on, if you taped
something, I could see it getting you in some hot water, but verbally
telling someone what you heard? I find it VERY hard to believe that any DA
would waste any time even looking into it. Unless you tell the DA yourself,
all the "evidence" is nothing but hearsay.
--
Beer is proof that God loves us and wants us to be happy.
--Benjamin Franklin

In article
,
zerg90 wrote:

I think that the Wiretap Act has superceded the Comms Act of 1934. The
Wiretap Act seems to say that you cannot tell anyone what you have
seen on TV, unless you turned the TV on accidentaly.

Bzzzt Wrong answer.... The Communications Act of 1934, as Amended, is
STILL the Law of the Land.

In article ,
The Kat wrote:

and
McDermett was censured by the House, and NOT charged under the ECPA

If that was the case then SCOTUS would have never been been asked to hear
his Appeal, from the DC Court of Appeals. Separation of Powers Issues
would have applied....

In article ,
"Mr. Jim" wrote:

Put the scanner stuff aside. "YOU" people are NOT seeing the big picture.
"If" this story is TRUE, the big picture is that the prison violated the
civil rights of this guy under federal law by first the illegal search,
second detaining him in a locked room and the list goes on. Prison employees
do not have the right to go beyond the prison grounds and search anyone's
property under any conditions. He should have went to the federal attorney
and filed charges, by-passing all the state courts and presumed corrupt
judge and etc......

A violation of your civil rights supersedes and fcc violation.

That really depends on the Law of the STATE, under which the Prison is
operating. In some States, Prison Correction Officers are Commissioned
State Law Enforcement Officers, and have all the Police Powers that
other Officers in that State have. This is especially true when they
are out after an escaped prisoner, in some States. Also, in some States,
under State LAW, when you are a Commissioned Law Enforcement Officer,
and under Investigation for Official Misconduct, you are subject to
different rules than Regular Citizens, similar to Military Personnel
being only under the Code of Military Justice, rather than local Law,
should the Military decide to exercise that Authority. This is all
a question of What State LAW, IS in the State in Question.

"Mr. Jim" wrote in message
...
Put the scanner stuff aside. "YOU" people are NOT seeing the big picture.
"If" this story is TRUE, the big picture is that the prison violated the
civil rights of this guy under federal law by first the illegal search,
second detaining him in a locked room and the list goes on. Prison
employees do not have the right to go beyond the prison grounds and search
anyone's property under any conditions. He should have went to the federal
attorney and filed charges, by-passing all the state courts and presumed
corrupt judge and etc......

A violation of your civil rights supersedes and fcc violation.


The big picture I see in this whole thing is I have yet to see a link to the
story. You are assuming some tale told on Usnet was true.
--
Without question, the greatest invention in the history of mankind is beer.
Oh, I grant you that the wheel was also a fine invention, but the wheel does
not go nearly as well with pizza. --Dave Barry