1980 Amendments. L.1980, c. 843, § 90, eff. Sept. 1, 1980, in sentence beginning "A person, not" substituted "police officer or peace officer, acting pursuant to his special duties" for "peace officer".

  Effective Date. Section effective Sept. 1, 1967, pursuant to L.1965, c. 1031, § 195.

  Derivation. Penal Law of 1909, § 1916; added L.1933, c. 405; amended L.1948, c. 183; and repealed by Penal Law of 1965, § 500.05.

  Radio receiving set permits, see 38 RCNY § 7-01 et seq.

Constitutionality 1
Permits 4
Purpose 2
Radio receivers within section 3
Seized equipment 5

1. Constitutionality

  This section prohibiting the equipping of motor vehicle with a radio receiving set capable of receiving signals on frequencies allocated for police use was constitutional notwithstanding allegation by defendant that such statute represented infringement by State Legislature in area preempted by Congress. People v. McGee, 1978, 97 Misc.2d 360, 411 N.Y.S.2d 514.

2. Purpose

  Rationale behind this section prohibiting the equipping of motor vehicle with police band radio, the knowing use of motor vehicle so equipped, and the knowing interference with transmission of police radio messages was to prevent criminals from listening to police broadcasts in their automobiles, either prior to or after commission of a crime, and to prevent jamming of air waves during police broadcasts. People v. McGee, 1978, 97 Misc.2d 360, 411 N.Y.S.2d 514.

3. Radio receivers within section

  Mere possession by defendant of scanner that could be reprogrammed to receive police communication frequencies was insufficient to warrant indictment on charge of possession in motor vehicle of radio capable of intercepting police communication frequencies, in absence of evidence that defendant's scanner could easily be tuned to police frequencies. People v. Garcia, 1996, 170 Misc.2d 543, 647 N.Y.S.2d 355.
  Under this section providing that person, not a police officer, who equips motor vehicle with radio receiving set capable of receiving signals on frequencies allocated for police use or knowingly uses motor vehicle so equipped is guilty of misdemeanor, electroalert radar detector, which was designed to detect presence of radar beams so as to allow its user to avoid police speed traps but which could not receive nor transmit voice radio transmissions and was also incapable of translating any radio signals into comprehensible form, was not a "radio * * * capable of receiving signals," and thus use of vehicle equipped with such device was not prohibited in this section. People v. Moore, 1978, 92 Misc.2d 807, 401 N.Y.S.2d 440.
  Radar-monitoring device was not radio-receiving set capable of receiving signals on frequencies allocated for police use, within the meaning of this section making it a misdemeanor to equip motor vehicles with such radio-receiving sets. People v. Faude, 1976, 88 Misc.2d 434, 388 N.Y.S.2d 562.
  Where defendant had in his truck a radio receiver capable of receiving signals on a frequency allocated for police use when receiver was plugged into cigarette lighter socket, the receiver was "capable" of receiving signals, within this section making it illegal to equip motor vehicle with radio receiver capable of receiving signals on frequencies allocated for police use, even though receiver was not plugged in when defendant was stopped by police. People v. Verdino, 1974, 78 Misc.2d 719, 357 N.Y.S.2d 769.

4. Permits

  The only counties where the board of supervisors may designate a person to issue permits for equipping and operating a motor vehicle with a radio capable of receiving signals on police frequencies are counties which have established a police department by county charter. 1975, Op.Atty.Gen. (Inf.) 311.   A local governing body or board of a city, town, or village in Monroe county may not, pursuant to this section, authorize the Law Enforcement Council of Monroe County to issue permits for the equipping of motor vehicles with receiving sets. 1975, Op.Atty.Gen. (Inf.) 104.

5. Seized equipment