[TWIAR] Radio waves create mixed signals (Virginia)

[Greg Williams]

Radio waves create mixed signals
Wayne Quesenberry
The Wytheville Enterprise
Saturday, March 11, 2006

Dennis L. and Brenda F. Alford consider themselves law-abiding citizens. 
He is retired from Volvo Heavy Truck Plant and a greeter at the 
Wytheville Wal-Mart. She is a registered nurse at Carrington Place at 
Wytheville Birdmont Center.

Imagine their surprise Wednesday morning when county and town law 
enforcement officers descended on their Locust Hill Road home. A search 
warrant was executed and eventually five two-way radios, four scanners, 
a computer, a power supply, radio tuners and an amplifier were seized.

"They made us go in the living room and sit there," recalled Mrs. 
Alford. "They kept us under surveillance. It really scared us. It upset 
us so bad that both of us missed work that night."

Dennis Alford added, "They treated us like we were criminals. Like we 
had been convicted of something."

A diabetic, he had to use the bathroom during the 90-minute search of 
his home. According to Alford, he was escorted by a deputy who stood 
outside the bathroom door until he was finished.

Alford makes no secret of his interest in two-way radios and is a 
licensed ham radio operator. He and his wife were volunteers with the 
Wythe County Volunteer Rescue Squad for many years.

"A lot of the equipment I have is from being in the rescue squad," 
Alford stated. "I have never modified any of it. I've never interfered 
with any police transmissions. If I did, it was unintentional."

According to state law, owning any electronic communication device or 
equipment that is capable of interfering with emergency two-way radio 
communications is a class 6 felony. Actual interference is a class 1 
misdemeanor.

An incident in early January prompted investigator Gary Davenport of the 
Wytheville Police Department to obtain a search warrant for the Alford 
home in eastern Wythe County. It occurred one night while Alford was 
working.

"On or about Jan. 7, 2006," the search warrant application states, "the 
Wytheville Police Department was experiencing extensive interference 
with its official radio dispatch. The interference contained audible 
clues that the transmissions were emanating from the Wytheville Wal-Mart."

The search warrant further notes that Officer D.L. Wall was sent to 
investigate and encountered Alford with radio equipment in his 
possession. Alford consented to a check of the hand-held radio.

"I had permission from management to use the Wal-Mart frequency," Alford 
said Thursday. "I'm up on the other end of the store and sometimes the 
communication is not good. I showed the radio to Officer Wall when he 
came in that night asking about it. I let him take it."

According to the search warrant, Alford's radio was capable of 
transmitting on the WPD system and thereby capable of interfering with 
law enforcement radio transmissions. It also states that Alford's 
equipment showed a transmission signature matching a signature from 
previous unlawful transmission recorded by the WPD.

"Further transmissions have continued to interfere in local law 
enforcement radio dispatch transmissions," the search warrant says. "The 
WPD and the WCSO (Wythe County Sheriff's Office) have investigated Mr. 
Alford's residence externally and found that radio transmissions are 
being emitted from the residence on the WPD and WCSO systems."

Albert Newberry, director of public safety for the town of Wytheville, 
pointed out that unlicensed users of radio frequencies can jam signals 
between police, fire and rescue personnel. Just listening on the 
frequency, he said, can cause static or squelch the signals.

"You don't have to be licensed to have a scanner," Newberry noted. "You 
have a limited ability to pick up on transmissions and you can't 
transmit over a scanner. Ham radio operators are licensed through the 
FCC and under emergency situations can dial into any frequency. They 
have laws and codes not to interfere with regular transmissions."

"Just having the capability is a crime," added Capt. Rick Arnold of the 
police department. "The equipment will tell us if Mr. Alford did or did 
not."

Charges are pending further investigation, according to Assistant 
Commonwealth's Attorney Lee Harrell.

"It's an unusual case," he commented. "I don't know where this will go. 
We would have to prove criminal intent. It is a big concern and very 
important that our police radio frequencies stay open."