Bulletin Board #54

OK, Folks, here's some of the responses to the Bumper Beeper question:

Hi Tim,

Re trackers, we monitor this pretty closely as a manufacturer of the things.

Our most recent info is that Tennessee is the only state with formal restrictions on the use of tracking systems.

In Maryland, the Attorney General gave a verbal opinion that the use was no problem as long as the operator did not commit a trespass to install the beacon.

Any transmitter used must be FCC Type Accepted to be legal. If not, any evidence is of course unusable, the equipment is subject to confiscation and the operator subject to prosecution. Recently in Maryland a PI received a knock on the door and was ordered to surrender a non-type accepted unit. It may be a coincidence, but mail to that agency is being returned now as undeliverable, moved no forwarding address.

Receivers containing local oscillators (all of them) also must be type accepted.

It is rare to see a type accepted system. Professional ones are. Hobby boxes are not, and most units offered to PIs are basically hobby boxes (somebody packages a transmitter in a box with a magnet, hangs a Doppler Systems interface on a scanner and calls it a tracking system).

Legally, all a tracker is doing is verifying a vehicle's presence on public roads, which is public information. Nothing privileged there. To be absolutely safe, one should install the transmitter when the target car is not on private property. It also would be a good idea if someone with legal claim to the car gives permission. In a domestic, this could be one partner as owner or joint owner.

There are some article on our website discussing bumper beeper systems for anyone interested.

On another topic, I have two Scanlocks for sale if anyone's interested. Both will have recent alignment and calibration by Glenn Whidden (the designer) before leaving here.

Marty is not busy right now if anyone needs anything. He just ran a batch of stethoscopes and has some remaining if anyone has been wanting one. His phone is 410-252-8810 in Maryland.

We have a number of ICOM receivers in stock for very reasonable prices if anyone has been wanting one of these. And due to an extreme misforecasting of demand, there are 90 (yeah, ninety) R9000s to blow out by the end of March for $4995 each. Info and prices on our website What's New section. Please help, these receivers must go.

Regards ..... Steve

Steve Uhrig, SWS Security, Maryland (USA)
Mfrs of electronic surveillance and intel equip; ICOM service
mailto:Steve@swssec.com website http://www.swssec.com
tel +1+410-879-4035, fax +1+410-836-1190
"In God we trust, all others we monitor"

Under Justice guidelines for FEDs
To operate, doesn't require a court order to install a beeper. However, most districts want you to check with them before doing so even if there is no audio carrier (they now have ones with audio capabilities).

You always have to get a court order if you're going to violate curtlidge to install, remove or "service" the transmitter. Sometimes they're harder to get than an order to put one on.

Concerning a non-law enforcement application I'd assume that it would be illegal unless you had the autorization of the Person owning the Car - not necessarily the driver. That's why FEDs will often have Confidential Informants rent a car for them and the bad guy.

As to frequencies I'd check the revised Part 15 (January 1993), any "public" frequency could be used under 500mW.

Ken

From: PPIS
Subject: B Beepers

In response: To Tim Johnson and Forum

The use or, in the particular, misuse of vehicle tracking devices, "Bumper Beepers" is so rare that most states have no laws restricting their uses for the private sector. FCC regs certainly do apply in that the unit or the freg must be FCC licensed. However, these administrative regs have no bearing on practical use.

This issue gets answered like all such questions; check your own state laws. Law Enforcement are restricted in these uses because of precedent cases (US Supreme Court) arising from anecdotal and repeated cases of warrantless use of the technology to track narco (ether) manufacturing supplies, shipments, etc. Most agencies, local and fed must obtain a warrant for such use; provided our stalwart Guardians of the Constitution feel otherwise constrained at that moment to follow the court's decision.

There are no Federal Statutes specifically regulating the use of such equipment. The remaining issues, besides local law, are the act(s) committed by the person attaching the device; ie, burglary, theft (or the temporary 'borrowing thereof', trespass, criminal impersonation, or the intent of the installer as subsequently implied by the end-use of the collected information.

Lastly, willful torts would also apply depending on the privacy and end-use damage, etc to the subject of the track. Example: Employer attaching such a device to a car owned by an employee; DEFINITELY bad!

Glen Wilson
Pike's Peak Investigative Services

The following is for your newsletter list. I have no connection with this. Just passing it along FYI.

Kevin

Hello,

My name is Scott Smith and I am an Electrical Engineer with Mercer Engineering. I have a Tektronix Spectrum Analyzer 496, serial # B021649 for sale. This is a very clean spectrum analyzer but is in need of repair. The instrument powers up, the display looks good and all controls work. Troubleshooting records indicate that the phase lock on the 2nd LO is not working. I will sell the instrument as is or I have it repaired and calibrated before sale. The as is price is $2900.00 and the repaired and calibrated price is $5900.00. Please call me if you would like to discuss this offer. I am in the Eastern Time Zone. Thank you.

Scott Smith
Senior Project Engineer
Mercer Engineering Research Center
912-953-6800 ext. 2497

It depends on who is using it:

CFR 47 states that a government agency may use any frequency between 37 Mhz and 954 Mhz for "bumper beepers".

However, civilian "tracking devices" are limited to only a few dozen specific channels.

The device must be type accepted/type approved, and/or have a clean output.

Justification for usage is a real gray area; several PI's have been sued for installing them.

  James M. Atkinson                             Phone: (978) 546-3803
  Granite Island Group - TSCM.COM
  127 Eastern Avenue #291                        http://www.tscm.com/
  Gloucester, MA 01931-8008                           jmatk@tscm.com

Tim,
Unless things have changed drastically the freq and TX power are federally (FCC) controlled. Probable cause and invasion of privacy issues are usualy going to be controlled by federal, state, and local jurisdictions. To complicate matters state and federal agencies usually have guidelines mandated by law and agency policy (as it was in OSI). Private investigators should know the local guidelines and federal restrictions and act accordingly. I would prefer this was not forwarded over my name.

From: KIDON1@aol.com
Date: Thu, 5 Feb 1998 01:59:00 EST
To: dbugman@dbugman.com
Mime-Version: 1.0
Subject: Re: Bumper Beepers

We have several types of tracker transmitters here.
It usually depends on jurisdiction, sophistication of transmitter, and how and where transmitters are placed/utilized, etc.

As far as the "private sector" is concerned...Id check with US Atty's office in your area, in addition to local pros. atty's. We've never had problem with placing them on clients vehicles with their permission- the save time/money/effort.

We also rent ours out to other agencies...contact me if you have a need.

C. K. Smith

"WHY MEN CAN'T WIN"

If you put a woman on a pedestal and try to protect her from the rat race, you are a male chauvinist.

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If she has a boring repetitive job with low pay, this is exploitation.

If you have a boring repetitive job with low pay, you should get off your ass and find something better.

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If she gets job ahead of you, it's equal opportunity.

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If you make a decision without consulting her, you are a chauvinist.

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Cowboy Wisdom

If you find yourself in a hole the first thing to do is stop diggin'.
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It don't take a genius to spot a goat in a flock of sheep.
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Good judgment comes from experience, and a lot of that comes from bad judgment.
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If you're ridin' ahead of the herd, take a look back every now and then to make sure it's still there.
When you give a lesson in meanness to a critter or a person, don't be surprised if they learn their lesson.
There's two theories to arguin' with a woman. Neither one works.
When you're throwin' your weight around, be ready to have it thrown around by somebody else.
Lettin' the cat outta the bag is a whole lot easier 'n puttin' it back.
Always take a good look at what you're about to eat. It's not so important to know what it is, but it's critical to know what it was.
The quickest way to double your money is to fold it over and put it back in your pocket.
Never miss a good chance to shut up.

Best Excuses to miss a day of work:

If it is all the same to you, I won't be coming in to work. The voices told me to clean all the guns today.

When I got up this morning, I took two Ex-Lax in addition to my Prozac. I can't get off the john, but I feel good about it.

I set half the clocks in my house ahead an hour and the other half back an hour Saturday and spent 18 hours in some kind of space-time continuum loop, reliving Sunday (right up until the explosion). I was able to exit the loop only by reversing the polarity of the power source exactly e*log(pi) clocks in the house while simultaneously rapping my dog on the snout with a rolled up Times. Accordingly, I will be in late, or early.

I can't come to work today because I'll be stalking my previous boss, who fired me for not showing up for work. OK?

The psychiatrist said it was an excellent session. He even gave me this jaw restraint so I don't bite things when I am startled.

The dog ate my car keys. We're going to hitchhike to the vet.

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>> 47. Act naturally
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And the Number one top OXY-Moron

>> 01. Microsoft Works
That's it for now.

Tim Johnson