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#1
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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. |
#2
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"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 |
#3
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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. |
#4
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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~® |
#5
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~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.. |
#6
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![]() "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. |
#7
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"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. |
#8
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"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 |
#9
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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~® |
#10
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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 |
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