[Scan-DC] 15$ editorial

[Alan Henney]

> The case in Florida several years ago where a scanner monitor recorded a
> cellphone call of a politician and then made the recording available to
the
> media. The scanner monitor was prosecuted in federal court using the
> referenced code section. While I will agree that the chances of federal
> prosecution aren't great I disagree that one can record scanner traffic,
and
> then sell it to whosoever will. While I am not an attorney I tend to shy
> away from putting myslef in a potential criminal prosecutable position.



John and Alice Martin accepted a $500 fine each, and never fought it in
court.

We all know damn well that there was zero expectation of privacy for the
Gingrich analog cellular conversation.  In fact, it was still unclear to me
if John Martin used an altered scanner, or received an image.

But prosecutors know that the little guy is finished once he/she is charged.
It is as if "guilt" is no longer significant.  The defense lawyer will tell
the accused that it isn't worth the expense and unpredictable risk of a
trail, then possibly an appeal.  The prosecutor will have already enjoyed
the media exposure of pressing charges, regardless of their validity, then
months later reducing the charges when it becomes old news.  Hence, the sad
state of our justice system.  It's not a "perfect system" and I don't even
think it's the "best there is" either.

http://www.rogersimon.com/archive/000103.html

http://www.rightgrrl.com/carolyn/gingrichtripp.html