Scanners illegal in Kansas?
 

If you live in Kansas be careful about listening to a police scanner.

In Lansing, Kansas a state prison employee lost much of what he owned
because he listened to a Radio Shack police scanner.

According to a police report, Joe Howerd, a Communications Technician at the
Kansas State Penitentiary in Lansing ( Lansing Correctional Facility LCF )
came to work one day and told his supervisor, Captain Jeff Munsterman that
he bought a police scanner from prison employee Mike Bellar and while
playing with it he picked up his next door neighbor Roberta Copp talking on
her cordless phone. Copp was a guard at the penitentiary and lived in an
apartment next to Howerd in the exclusive Quail Trail apartment complex in
the city of Lansing.

As a result, Captain Munsterman went to prison Warden David R. McKune ( Dave
McKune ) and lied by telling Warden McKune that Howerd said that Copp was
dating a married black man. Warden McKune then called the Lansing city
police who in turn went to the Leavenworth County Courthouse and obtained a
search warrant for Howerd's apartment for misdemeanor eavesdropping. Lansing
police conducted a search and found absolutely nothing relevant to the
search warrant, so they left. Kansas prison guards also showed up and
conducted a search of Howerd's home without a search warrant. The Kansas
prison officials loaded up prison trucks with numerous items of Howerd's
personal property and took it all to the prison. A prison employee later
stated that they took everything from Howerd's home that interested them. A
different prison employee stated that he was in the livingroom of Howerd's
apartment and opened drawers of Howerd's desk and observed stacks of
personal papers and, not having time to look through the papers, dumped the
contents of the drawers into boxes and took the boxes of papers to the state
prison to examine later to see if any of it was interesting.

Prison employees also seized photographs of Howerd in police uniform from
years earlier when he was a deputy sheriff and city police officer, as well
as Howerd's clothing including old police uniforms that were stored in his
bedroom closet, and old loveletters and greeting cards from Howerd's old
girlfriends from years ago. They also seized his Masonic apron that was
given him when he joined the Masons years earlier. To this day, Kansas
prison officials refuse to return Howerd's property to him. Kansas Governor
Kathleen Sebelius, who is the wife of a Federal judge, has declined to have
the matter investigated. Howerd no longer works for the prison. The day
before prison guards illegally searched Howerd's home, Howerd was beaten
inside the prison by several prison guards who, after mobbing him and
battering him, locked him in an office inside the prison for several hours
and refused to release him. District Attorney Frank Kohl ignored Howerd's
complaint of these felonies and refused to charged the prison guards with
battering Howerd and locking him inside the prison for several hours. Kansas
Governor Kathleen Sebelius, who is the wife of a Federal judge, has declined
to have the matter investigated.

Howerd, who couldn't afford a lawyer, filed a pro-se lawsuit against the
State of Kansas and individual prison employees alleging illegal search and
seizure. Despite the fact that the suit was properly written and filed and
all fees paid, the lawsuit was never placed on the court's docket. Howerd
was later told that Leavenworth County District Court Judge Frederick
Stewart refused to put the lawsuit on the docket because he (Judge Stewart)
did not want Howerd stirring up a hornet's nest among law-enforcement in
this small community. This is the same judge that was arrested for drunken
driving in Leavenworth by officer Ron Fowle and the charge was dismissed by
District Attorney Frank Kohl who happens to be the same District Attorney
who was shown on the channel 5 television news after a county computer
technician found a large collection of pornography on the computer in his
office at the courthouse. Howerd later filed a complaint against Judge
Stewart with the Kansas Supreme Court. Judge Stewart stated numerous lies to
the Kansas Supreme Court in response to their "investigation" of his
misconduct. The Kansas Supreme Court has since refused to investigate the
fact that Judge Stewart lied in an official investigation of judicial
misconduct, preferring instead to ignore the matter and sweep it under the
rug.

Scanners illegal in Kansas?
 

"J" wrote in
:

If you live in Kansas be careful about listening to a police scanner.

In Lansing, Kansas a state prison employee lost much of what he owned
because he listened to a Radio Shack police scanner.

According to a police report, Joe Howerd, a Communications Technician
at the Kansas State Penitentiary in Lansing ( Lansing Correctional
Facility LCF ) came to work one day and told his supervisor, Captain
Jeff Munsterman that he bought a police scanner from prison employee
Mike Bellar and while playing with it he picked up his next door
neighbor Roberta Copp talking on her cordless phone.



FWIW:::::
First, I am NOT a lawyer, but have used scanners for years, one thing I
have learned,
ITS illegal under federal Law to reveal to a third party, anything you
hear on a scanner OR any radio capabile of receiving certian
transmission types.. this includes public safety radio, IE:
Police,fire,EMS etc:

and its illegal to receive/listen to mobile telephone at all of any
type. other than your own . much less tell someone else what you hear..

So use your radios with caution and reveal to NO-ONE anything you have
heard at any time..

these laws go back to 1934 with the Communiations Act of 1934
and futher with the ECPA law of 1986

Learn the law and respect it...

Retired Firefighter.....


http://www.law.cornell.edu/uscode/18..._I_20_119.html

Scanners illegal in Kansas?
 

In article ,
John Szalay wrote:

"J" wrote in
:

If you live in Kansas be careful about listening to a police scanner.

In Lansing, Kansas a state prison employee lost much of what he owned
because he listened to a Radio Shack police scanner.

According to a police report, Joe Howerd, a Communications Technician
at the Kansas State Penitentiary in Lansing ( Lansing Correctional
Facility LCF ) came to work one day and told his supervisor, Captain
Jeff Munsterman that he bought a police scanner from prison employee
Mike Bellar and while playing with it he picked up his next door
neighbor Roberta Copp talking on her cordless phone.



FWIW:::::
First, I am NOT a lawyer, but have used scanners for years, one thing I
have learned,
ITS illegal under federal Law to reveal to a third party, anything you
hear on a scanner OR any radio capabile of receiving certian
transmission types.. this includes public safety radio, IE:
Police,fire,EMS etc:

and its illegal to receive/listen to mobile telephone at all of any
type. other than your own . much less tell someone else what you hear..

So use your radios with caution and reveal to NO-ONE anything you have
heard at any time..

these laws go back to 1934 with the Communiations Act of 1934
and futher with the ECPA law of 1986

Learn the law and respect it...

Retired Firefighter.....


http://www.law.cornell.edu/uscode/18..._I_20_119.html

Well Hmmmmm, Just a NOTE here, as far as I know, there has NEVER been
a Federal Prosecution for a Violation of Section 705 of the
Communications Act of 1934, as Amended, for revealing content of a
Radio Communications Transmission. I am a reTired Resident Field Agent
for the Federal Communications Commission. There HAVE been prosecutions
under other Federal Statues, (ECPA of 1986) for revealing Communication
content. The BIGGIE, was the Florida Couple who overheard Newt Gingrich
and another Congresscritter's Cellphone conversation, recorded it, and
gave it to Rep. Jim McDermett (D) of Washington State, who then LEAKED
it to the Press. The Florida Couple WERE convicted, McDermett WAS
Prosecuted, and his case Went to SCOTUS, who REFUSED to hear his APPEAL,
which left him with a GIANT BlackEye, and a Hefty Judgement to pay the
Congresscritter for violation of his Privacy.

Scanners illegal in Kansas?
 

On Sun, 23 Mar 2008 17:39:35 GMT, You
wrote:

In article
,
John Szalay
wrote:

"J" wrote in

:

If you live in Kansas be careful about
listening to a police scanner.

In Lansing, Kansas a state prison employee
lost much of what he owned
because he listened to a Radio Shack police
scanner.

According to a police report, Joe Howerd, a
Communications Technician
at the Kansas State Penitentiary in Lansing (
Lansing Correctional
Facility LCF ) came to work one day and told
his supervisor, Captain
Jeff Munsterman that he bought a police
scanner from prison employee
Mike Bellar and while playing with it he
picked up his next door
neighbor Roberta Copp talking on her cordless
phone.



FWIW:::::
First, I am NOT a lawyer, but have used
scanners for years, one thing I
have learned,
ITS illegal under federal Law to reveal to a
third party, anything you
hear on a scanner OR any radio capabile of
receiving certian
transmission types.. this includes public
safety radio, IE:
Police,fire,EMS etc:

and its illegal to receive/listen to mobile
telephone at all of any
type. other than your own . much less tell
someone else what you hear..

So use your radios with caution and reveal to
NO-ONE anything you have
heard at any time..

these laws go back to 1934 with the
Communiations Act of 1934
and futher with the ECPA law of 1986

Learn the law and respect it...

Retired
Firefighter.....



http://www.law.cornell.edu/uscode/18..._I_20_119.html

Well Hmmmmm, Just a NOTE here, as far as I know,
there has NEVER been
a Federal Prosecution for a Violation of Section
705 of the
Communications Act of 1934, as Amended, for
revealing content of a
Radio Communications Transmission. I am a reTired
Resident Field Agent
for the Federal Communications Commission. There
HAVE been prosecutions
under other Federal Statues, (ECPA of 1986) for
revealing Communication
content. The BIGGIE, was the Florida Couple who
overheard Newt Gingrich
and another Congresscritter's Cellphone
conversation, recorded it, and
gave it to Rep. Jim McDermett (D) of Washington
State, who then LEAKED
it to the Press. The Florida Couple WERE
convicted, McDermett WAS
Prosecuted, and his case Went to SCOTUS, who
REFUSED to hear his APPEAL,
which left him with a GIANT BlackEye, and a Hefty
Judgement to pay the
Congresscritter for violation of his Privacy.


The only prosecutions I have ever known of on the
state level have been when someone has used a
police scanner to interfere with an investigation
or with emergency personnel, such as the time some
idiot hereabouts would race EMS to accident
scenes. If anything, I think the story is one of
piling on, charging someone with every
conceiveable violation in an attempt to intimidate
a troublesome individual or to guarantee a
conviction on *something* in order to justify some
otherwise shaky police work.
~db~®

Scanners illegal in Kansas?
 

~db~® wrote in
The only prosecutions I have ever known of on the
state level have been when someone has used a
police scanner to interfere with an investigation
or with emergency personnel, such as the time some
idiot hereabouts would race EMS to accident
scenes. If anything, I think the story is one of
piling on, charging someone with every
conceiveable violation in an attempt to intimidate
a troublesome individual or to guarantee a
conviction on *something* in order to justify some
otherwise shaky police work.
~db~®


Sounds about right,
The only ones I know about personaly were those folks that
did exactly that, something stupid...
and all they got was, their scanner was confiscated.

You don't carry a scanner in an automobile with police
channels active.
You DON'T talk about what you hear.
and if don't run to the scene and get in the way...

use common sense, and you wouldn't be hassled..

Scanners illegal in Kansas?
 

"John Szalay" wrote in message
42...
"J" wrote in

Learn the law and respect it...

typical fireman - all rules and regulations.
I see your point but such statements come across as arrogant. If we
all toe'd the line as you say like good little boys we'd never get
anything done, never break new ground, we'd be the perfect communist
state where no-one dare do anything for fear of 'offending the law'.
Progress and development is made by those who think outside the box,
who ask awkward questions, who dare to confront authority. Please
bear that in mind before again making such sweeping statements.

Scanners illegal in Kansas?
 

"J" wrote in
:

If you live in Kansas be careful about listening to a police scanner.

In Lansing, Kansas a state prison employee lost much of what he owned
because he listened to a Radio Shack police scanner.

According to a police report, Joe Howerd, a Communications Technician at
the Kansas State Penitentiary in Lansing ( Lansing Correctional Facility
LCF ) came to work one day and told his supervisor, Captain Jeff
Munsterman that he bought a police scanner from prison employee Mike
Bellar and while playing with it he picked up his next door neighbor
Roberta Copp talking on her cordless phone. Copp was a guard at the
penitentiary and lived in an apartment next to Howerd in the exclusive
Quail Trail apartment complex in the city of Lansing.

As a result, Captain Munsterman went to prison Warden David R. McKune (
Dave McKune ) and lied by telling Warden McKune that Howerd said that
Copp was dating a married black man. Warden McKune then called the
Lansing city police who in turn went to the Leavenworth County
Courthouse and obtained a search warrant for Howerd's apartment for
misdemeanor eavesdropping. Lansing police conducted a search and found
absolutely nothing relevant to the search warrant, so they left. Kansas
prison guards also showed up and conducted a search of Howerd's home
without a search warrant. The Kansas prison officials loaded up prison
trucks with numerous items of Howerd's personal property and took it all
to the prison. A prison employee later stated that they took everything
from Howerd's home that interested them. A different prison employee
stated that he was in the livingroom of Howerd's apartment and opened
drawers of Howerd's desk and observed stacks of personal papers and, not
having time to look through the papers, dumped the contents of the
drawers into boxes and took the boxes of papers to the state prison to
examine later to see if any of it was interesting.

Prison employees also seized photographs of Howerd in police uniform
from years earlier when he was a deputy sheriff and city police officer,
as well as Howerd's clothing including old police uniforms that were
stored in his bedroom closet, and old loveletters and greeting cards
from Howerd's old girlfriends from years ago. They also seized his
Masonic apron that was given him when he joined the Masons years
earlier. To this day, Kansas prison officials refuse to return Howerd's
property to him. Kansas Governor Kathleen Sebelius, who is the wife of a
Federal judge, has declined to have the matter investigated. Howerd no
longer works for the prison. The day before prison guards illegally
searched Howerd's home, Howerd was beaten inside the prison by several
prison guards who, after mobbing him and battering him, locked him in an
office inside the prison for several hours and refused to release him.
District Attorney Frank Kohl ignored Howerd's complaint of these
felonies and refused to charged the prison guards with battering Howerd
and locking him inside the prison for several hours. Kansas Governor
Kathleen Sebelius, who is the wife of a Federal judge, has declined to
have the matter investigated.

Howerd, who couldn't afford a lawyer, filed a pro-se lawsuit against the
State of Kansas and individual prison employees alleging illegal search
and seizure. Despite the fact that the suit was properly written and
filed and all fees paid, the lawsuit was never placed on the court's
docket. Howerd was later told that Leavenworth County District Court
Judge Frederick Stewart refused to put the lawsuit on the docket because
he (Judge Stewart) did not want Howerd stirring up a hornet's nest among
law-enforcement in this small community. This is the same judge that was
arrested for drunken driving in Leavenworth by officer Ron Fowle and the
charge was dismissed by District Attorney Frank Kohl who happens to be
the same District Attorney who was shown on the channel 5 television
news after a county computer technician found a large collection of
pornography on the computer in his office at the courthouse. Howerd
later filed a complaint against Judge Stewart with the Kansas Supreme
Court. Judge Stewart stated numerous lies to the Kansas Supreme Court in
response to their "investigation" of his misconduct. The Kansas Supreme
Court has since refused to investigate the fact that Judge Stewart lied
in an official investigation of judicial misconduct, preferring instead
to ignore the matter and sweep it under the rug.

How long ago did this happen ?
Listening to cordless has been largely out of reach for scanners for at
least 5 years, probably more .. Unless the neighbor happened to be using a
cordless phone from 1999.

Scanners illegal in Kansas?
 

"Rico" wrote in message
...

How long ago did this happen ?
Listening to cordless has been largely out of reach for scanners for at
least 5 years, probably more .. Unless the neighbor happened to be using a
cordless phone from 1999.


The problem with stories like this on Usenet, especially if they have no
links, is you don't know if there is any truth in it. Often things like this
start out with some real story, but through many re telling, they get so far
off the truth as to be a joke.

I know about the time the stuff with the couple who recorded the Congress
people there was another case brought up. A neighbor was picking up another's
cordless phone on hers. He was a drug dealer. She gave this info to Police.
The courts ruled that the cordless phones were not offered the same
protections as the Cell phones. Can't remember what grounds they used, but
that was the bottom line.

As to cordless phones the last time I bought one was only a few years ago,
and I still had to buy a more expensive one than the bargain unit. They were
at that time, still selling phones that were not digital or SS. It was just
a few years ago when I bought my BC246 that I found I could hear a next door
neighbor on her phone. You would only hear on side of the conversation, but
if you searched you could find the other half too. They also had a baby
monitor on the 900 band. One day when she was outside on the phone I walked
over and showed her that everything she was saying was going out to anyone
within a few houses of her. The look on her face said she was embarrassed
but glad I told her.
--
I didn't fight my way to the top of the food chain to be a vegetarian

Scanners illegal in Kansas?
 

On Mon, 24 Mar 2008 14:35:27 -0500, John Szalay
wrote:

use common sense, and you wouldn't be hassled..


Unfortunately, common sense isn't all too common
these days.
~db~®

Scanners illegal in Kansas?
 

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

Scanners illegal in Kansas?
 

"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

Scanners illegal in Kansas?
 

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.

Scanners illegal in Kansas?
 

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....

Scanners illegal in Kansas?
 

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.

Scanners illegal in Kansas?
 

"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