Ham Radio License VS 4th Amendment Rights - Can You Have Both? 

Years ago, my wife and I lived in a Trailer Park. An old biddy across the street was ALWAYS complaining to the Park Manager about my Ham gear.She had come to my front Porch more times than I can count, and I finally warned her that if she kept harassing me, I would file a Trespassing complaint against her.Finally one day, I'd had enough of the woman. I stopped by the Park Manager's house, and as he and I were sitting in his Living Room, he called the neighbor. He asked if she was having interference on her TV Set, to which she promptly replied. "Absolutely. He's on his radio right now, tearing up my TV. ( I KNEW the interference was coming from the Radios at the nearby Steel Mill, tried to explain this to her, but all she saw was MY Antenna, so in her mind, it HAD to be me!) The Park Manager responded; "I don't see how that can be possible". She asked him why he said that, and the Manager told her; "Because he's sitting in MY Living Room 6 feet from me RIGHT NOW!". That finally ended it.

Recieved my first "ham ticket" in Jan 1978.... About 20 years ago had a local police officer threaten to seize some radios out of my car because he could hear some public service radio traffic coming from inside my car. Even after informing him I was legally licesend by the Federal government (FCC) . And what I was doing was perfectly legal.. Located in a shopping center parking lot.... Informed the officer that without a legal search warrant I would not consent to any search and seisure and if he just physically touched my equipment he would have a wrongful search and civil right violation lawsuit filed against him personally as well as the city... Lucky for him a road supervisor happen by and told him to back off and leave me alone because the supervisor knew me and i was not subject to making a idle threat.

I had a run-in with the FCC for “interfering with law enforcement communications” at a customer site that used microwaves for intruder detection. Pointing at the transmitter they indicated that it was the source. I pulled the fuses that powered it. “It’s still there.” 0:29 I removed the device and put it in my vehicle. “It’s still there.” The agent pointed at the capped power wires. “Show me!” I demanded. Using their equipment I located the antenna( not mine) causing the problem. It belonged to the people complaining!

Posted this in the wrong part of the comments, but still… This proves that you can disagree with someone and still be respectful with each other. Much of the world has neglected this life skill. It sure makes living a lot easier if you are respectful.

Speaking of "Funny", in Western Oregon there was this small Pentecostal Church. This was in the early days of FM wireless Mics the Ministers would use. The one I knew of ran at about 171 MHz. I visited this church one Sunday, and during the service, I heard a CB come over the Wireless system. Well, knowing the frequency, I was not yet a Ham, but a buddy of mine was. He had a Yeasu FT-470 (Going back in time a bit), which he had opened up the TX in. So, he calls me up one Sunday Morning, and said "Let's Park a little ways from the Church during their Morning Service". KNOWING what he was likely planning, I agreed to go with him. We parked 1/4 Mile from the Church, and he tuned his Yeasu to that Church's Frequency. When the Pastor got all fired up in the middle of his Sermon, he did his standard; "Can you hear me, Jesus?" At THAT instant my friend keyed huis Yeasu, and in a deep low voice said "YES, MY CHILD." You could have head a pin drop as we drove away. LOL! I have had my License since December of 1990. Over the last 34 Years, I have accumulated a LOT of funny Ham stories.

You don’t give up anything when you get your license. Just because you have a license they can’t search your home but the fcc cans request to inspect your ham station, not your home.

Even if you consent to a search, you can revoke your consent and stop a search before or during the search.

I am and have been an Amateur for over 45 years. We are permitted to transmit on various frequencies. Thank goodness we are permitted to listen/watch and monitor nearly any frequency. In other countries you may be required to pay just to listen or watch on a receiver. I believe it is logical that the FCC may need to inspect my station if needed. I have never been inspected by the FCC. I have never been offically told I gave up any constitutional rights because I am an Amateur.

I remember when I was a novice back in the 70's while in elementary school when there wasn't cable TV. Most interference on TV's was caused by poor TV design and wide band rejection circuits.

I'm against warrantless searches and can't think of a circumstance where I would consent to a search. "Consent cleanses all" in their favor when dealing with police overreach. BUT, as a mobile-only operator, I think it could be a little cheeky to say, "Sure step over here to my driveway. HERE'S my station. No, my station is not in that cargo box and I don't consent to you opening it. THIS is my station," showing with a Vanna White wave over my equipment. 😜I think that I'd be perfectly in the right to NOT allow them into my house if I have no station there, "implied consent" or not. 🤔

Rights are rights. Just be considerate and responsible, especially when experimenting. Thanks for covering it Jason!

great subject, you explain it well. Ironically my next door neighbor thought that my amateur radio equipment was operating his garage door opener. We tried txing on all bands and could not duplicate the problem. Like you said, if there is an antenna, some folks think thats causing their issues. By the way, the problem hasn't happened since our test.

Many many, years ago, when TV didn't have cable but a lot of ears (rabbits), my dad was on 6 meter AM (work all neighbors band for the award). He would get a call every now and then, and we (I always helped him out) if someone said he was interfering with the tv. Well one time a neighbor called and told my dad he could hear him on his tv, my dad said no problem he would be down to check it out. The guy said he moved his antenna, and it went away. But he told my dad, that what really upset him was he could not hear the other station. My dad said come on down and I will show you. Don't remember if he came down or not.

In the 80’s my GF now wife worked at a bbq place I would (not) let her know I was there to pick her up by keying up the cb and saying hello near the drive through.

I follow you on Rumble which is a platform that 100% supports the First Amendment unlike YT which will drop you if they “believe” you have crossed their archaic rules. I believe you are the only channel specializing in Ham radio, of the channels I follow, who is on Rumble and I applaud your work. I always am concerned about government control and our rights are always being challenged. Keep up the good work.

I had a neighbor claim I caused his TV to be bad receptions once he found out I had a licence, but I did not have a radio

There’s a difference between inspecting your station and searching your home

No federal agency, not even the FCC can violate the bill of rights. I don't care what they claim they will not be granted access to my radio equipment without a warrant. It's really as simple as that. If the FCC has the authority they can get a judge to sign a warrant. No warrant no access.

Why does it seem so many fellow Americans nowadays are just dying to find ways to give up their rights? Some folks seem so ready to forgo the Bill of Rights and assume a subservient role to any governing body.

I think this speaks more to the average citizen's distrust of the government's actions (and rightly so) in our current political atmosphere than a misunderstanding of the Constitution. Do you trust a federal agent, of any type, who may not share your pro 2A stance to not report your "massive cache" (small open gun safe) of scary short black AR15s to the ATF as a possible NFA violation? A few days later, you have ATF agents kitted out serving an early morning search warrant. The fear and lack of trust are real.

I always considered the terms of a transmitter license contained giving "prior permission" for an inspection of equipment. No violation of rights at all. One always needs to read signs and fine print on documents for phrases that give "permission" that one would have to verbally express in common usage. The one that pops to mind is the sign one finds at the entrance to all facilities with a license to operate from the Nuclear Regulatory Commission. "Be aware that entering this property gives express and implied permission to search vehicles, persons, and property should security personnel deem it necessary." It has been tested in court that this is in no way a violation of rights but making giving permission a requirement for entry into a controlled area. When you get a license for a radio transmitter; you give permission for equipment inspections. Does the general public realize that receivers don't require license but transmitters do? Certain low power transmitters only have a type license to the manufacturer and not an individual license to the user but there does exist a license somewhere regarding a transmitter. If you read all the certification boilerplate in a manual for a cellphone you will find where the type license specifications can be found.... in general, handheld phones are limited to 300 milliwatt and fixed cellphones are limited to 5 watts.

The opinion of Congress as to what is reasonable is legally irrelevant. Theability to make a decision on what is or is not reasonable lays with the courts, not Congress.

Very sustinctly said. Thank you for covering this issue. Great channel love your work.

I think you have a reasonable look at this. I like the way you explained it and I completely agree. Thank you for a positive and informative video.

Jason, here in the UK, about 20 years ago I had a UK legal (PR 27/97) 4watt CB. The lady next door had a touch-light that turned on On ON Off, at night in her bedroom. She mentioned to me one day about this and was concerned that her house was haunted 😂

Great video! CB Amps LOL! I used to have a trucker that parked on my block several years ago before digital TV and he was running a CB with a 1500watt amp (he admitted to it on the air. bragged even.) and he would drown out the OTA tv every time he keyed up. Never did hunt the offender down as he must have moved on after just a couple weeks. Man when he keyed up I'd swear I could hear him in my fillings!!😆😆😆

I would guess at least 99% of all FCC enforcement action is *Complaint-Motivated*. Luckily, I only have a handful of neighbors in about 10 square miles 🤠

The Constitution dies a little every day, because we let it.

ALWAYS ASK WHY THE GOVERNMENT DOESN'T WANT RADIO OPERATORS BUT TO KEEP US ALL IN THE DARK WHEN THINGS GO WRONG IN OUR NATION AND ATTACKS ON CITIZENS !...

No warrant, no entry

Excellent video. As a general rule: All searches must be reasonable. Generally, absent an applicable exception. a search will not be reasonable without a warrant. I am not aware of any radio license exception, though I don't know that I have ever done an exhaustive search of the case law on this subject.

"Your rights end where mine begin." That is one of the best quotes I have heard in a while and will be using that one. 73.

Welcome to the 2nd Amendment fight

Excellent topic, and video Neighbor! I've heard folks in the past use this as a reason for getting a P.O. Box, as it gives them an extra layer of protection because the station address isn't at the residence. I've seen arguments for both sides as to why or why not this would work. You're reminding me of my high school days when the local McDonald's drive thru intercom(restaurant to car) frequency was 154.57 with a 110.9 hz tone. Car to restaurant was low band like 30.84 or something like that. Anyways don't ask me how I know the specifics, lol.....1996 with a MARS modded Alinco DJ-580t

We NEVER give up our Constitutional rights. The US Constitution protects all citizens from government attacks on our rights.

I've been in ham radio for along time - AA6LJ. I taught under the VEC program for a while, too. I don't recall giving up ANY rights, pursuant to FCC regulations. I never gave up ANY rights at all - including search and seizure. Nice FT-101 and FV-101 in the background That was my rig for years.

I used your code too for my extra course, thank you

They can ask if they think you are causing interference ... I don't think it would be exigent circumstances unless you are interfering with radio, especially emergencies service. If you are not deliberatly doing it ... bring the equipment to the door ...

You don't need to run power on CB to come over on a fast food speaker. Back in the 70's, a friend of mine who may or may not have had a CB that was putting out more power than was strictly legal, used to say something rather ribald whenever passing Wendy's as he drove by. I'll sanitize it for the tender feelings of others: (trigger warning: naughty words ) "Wendy's a wh*re!" Yes, risqué indeed. He did check to see if a confederate inside the Wendy's could hear this ribaldry when transmitted, and it was determined that it was most definitely audible over the drive-thru speaker, to the consternation of the employees within. Whether or not my friend had at one time worked for that Wendy's is unknown. Partially because I don't think it ever came up, and partially because it was almost half a century ago.

Just like the 4473 form, your amateur radio license specifies where the toys are. History has already shown us that they collected the guns and the radios... Then they collected the wedding rings.

So glad you covered this topic, I didn't know where the line is. I would suggest being careful about the statement my rights end where yours begin. You're correct, but Part 15 says that Part 15 devices must not interfere with other equipment, and must accept interference from intentional radiators. That means when your clean, legal ham transmitter interferes with Aunt Gertrude's touch lamp, your TX is not considered at fault. Now as hams we can help her to not have the interference by teaching her about ferrite beads and such, but that's because we aspire to a higher standard, not because we have to by law.

And, any law that is on the books that is "repugnant to the Constitution is void" according to the Supreme Court. Marbury vs Madison 1803

I have another way to look at this. Radios are arms: in Heller, the Supreme Court defined an arm as any “[w]eapon[] of offence” or “thing that a man wears for his defence, or takes into his hands,” that is “carr[ied] . . . for the purpose of ‘offensive or defensive. Radios are used by modern militarys and therefore are arms, and war is a lawful purpose for American citizens to be armed with radios. This not only fits the arms definition but it also covers 4th amendment search and seizures with sworn affidavit going along with warrant.

The very idea the FCC could demand the ability to inspect one's station and papers without having articulated probable cause or acquired a specific warrant is STILL a blatant violation of 4A. Whether they claim they'll look at anything else or not is irrelevant. It's still warrantlessly and unreasonably demanding to see your things without having demonstrated any evidence to an (allegedly) impartial reviewer for justification.

While I have never heard of the idea,of giving up any 4th Amendment Rights. I do remember something, vague, about the FCC being to inspect our radio stations. But NOT at any time, without a warrant!

It can boil down to a pi@@ing contest. But if you know you have all the bases covered, ie proper ground bonding etc. Let them inspect, then you can sue the complaintant for harassing you if they continue. What I have wondered about is when a police officer responds and they don't like being told it is not in their jurisdiction, but keeping the peace is and what the officer sees is the antenna and you "arguing" with them. 😕

If you are using comericaly manufactured equipment for HAM radio, and you have not modified it, you are not going to be the problem of RFI. Not many hams today are building "HOME BREW" equipment, it take a lot of equipment to test to keep it in compliance. There are some will cross the line and knowingly break the rules, but flagrant obuses of the FCC rules, they will get tracked down, identified and punished. Just a matter of time.

Here in NYC, it is basically the Wild Wild West of Public Access Radio: CB, MURS, GRMS, etc. So-called operators running anything from 100 to 1500 watts on modified and Ham radio equipment. In my projects alone there are over 10 "radio stations, and in my building 4; only one is licensed and it is me. To them I am the laughing stock having spend time and money to take an exam, pay fees and get licensed (Tech No Code and GMRS). Of the 3 in my building (I make #4), I am teaching 2 to obtain their Ham License. The 3rd does not give a flying FordtrUCK about the license. The other day he showing off a 2meter radio saying "I'm getin' on MURS with this and push 400 watts with it!" The FCC has been called by many hams and other legal operators of this guy's activities. Not bashing one's religion or beliefs, but this guy is a Jehova's Witness and on every Sunday Afternoon he is n CB Channel 3, MURS Channel 1 and FRS/GRMS Channel 15 or 17, his mic pinned down and he preaches the bible for the next 3 hours. Serious. the FCC does nothing against him. But the FCC gets a call that my equipment is causing TVI and they come to inspect my equipment (90% of it is 2m/73cm handhelds pushing no more than 5 watts.). hey inspected my old CB which has not been turned on in over 30 years and the layer of dust on it. They they look at their equipment and see the interference is coming from a newly placed elevator motor putting out some heave electrostatic discharge and noise on the building's AC outlets. But ye the Ham on the top floor of the building gets blamed? Meanwhile a certain Jehova Witness has locked down what channels he wants for the next couple hours preaching the gospel. I'm willing to agree with the law unless the law is unjust. Being a licensed radio operator does not take away my rights, as you explained. I have known this since I was wee Boy Scout working on my Novice License to get my Communications Badge. But I do not like it when the law is selectively enforced, making me a target because I have a license and yet those breaking the law is scoffing at both me and the FCC Agents. I seriously hope he keys up and his finals go up in a blaze of glory.

Great presentation Jason and pretty much dead on. Generally with ham, CN, and GMRS, the FCC just responds to complaints. There are way too many of us for them to do routine inspections on. From what I've seen, their approach is they will be reasonable if you will be reasonable. Cop an attitude with them and they will get a warrant and come back drag you out kicking and screaming and your equipment with you. Although sometimes if the complaint came from someone with influence, they may be a little harder to deal with. One of the political parties here set up a temporary telephone boiler room during election season. A CB'er or ham was getting into their phones. They complained to the FCC. The FCC said something about don't have your brother in law settling up your phone bank. Go down to Rad Shack and buy this filter for five bucks and your problem goes away. The politicos didn't like that answer and sicked a sitting congressperson on the FCC. So they came to town and a number of people and broadcast stations got inspected. I think they did find the culprit was a CB'er running excessive power near the party's office. The FCC was grumpy because they got unwanted attention from a congressperson. Now when we received a complaint about one of our repeaters interfering with air traffic control. We got calls from the FCC and FAA. We got our butts up that 500' tower in s sleet storm and solved the problem in a hurry.

By the verbiage on the Ham Radio Prep page it specifically states “Myth Busted” and “you do NOT forfeit your rights by getting a ham radio license” but your signature does “allow them to “inspect” then “Myth Busted” is not so accurate a term to use here. Because by that very scenario you do. However if by the FCCs own website states “reasonable searches” are considered “public safety concerns” are synonymous with “we are allowed to come inside your home“ then that same verbiage could also be used to come into your home and inspect your firearms. Which even if “public safety and concerns” is cited it is NOT permitted under the fourth amendment for ATF (example) to come into your home to “inspect” your fire arms. The words “for public safety” IMHO should never be allowed to obfuscate the constitution’s stern prohibition against government’s over reach with unlawful search and seizure or any other amendment to which they are Sworn via their Oath to support and defend. My 2.5 cents.

Add a similar incident walking the aircraft in public service here in my home town. When I'm repeater what all frequency that does happen? And you're right about the FCC. They do not have the right to search your home without I want but you have Let them search your station

Where does the US Constitution enumerate any right to the federal government to regulate the use of air waves?

I used to be a HAM in another country where government didn’t really enforce the radio communication laws like the FCC does or used to, but since I moved to the US I have been thinking getting back to HAM radio, but I have a couple of concerns about how the government manages your personal information (address) and how much easier you could get in trouble by having a license and showing large antennas in your backyard. So I have stayed as SWL and enjoying radio without generating emissions and potential interference. Maybe down the road when I move to the countryside with less neighbors around. 73s

Good thing for that Statute of Limitations

There was a plane crash that occurred near an airport that destroyed a large grocery store, several years ago in the city I lived in at the time. After the investigation, it was determined that outside radio interference was the cause. As it was a Cessna (considered as a small aircraft), it was fortunate that it was not big enough to do much damage to the neighboring department store. The crash occurred during a time when the grocery store was closed, so just the pilot and his passenger were killed. Still that is 2 lives lost due to radio interference! If the crash had occurred during the time the store was open for business, there would have been far more people killed. So I agree with the FCC on this. If I had any of those types of devices, I would definitely allow any inspection, so long as the officers conducting the inspection follow protocol. Such interference can affect one's own devices as well; and I believe that there may be such a device somewhere near my home, because I even get interference on my smartphone. Like when I have five bars showing on my smartphone screen, and cannot get a call to go through to the number I'm trying to call. So how would I go about logging a complaint concerning this issue?

Great explanation, thank you!

The FCC would be the only agency that could search your ham radios. Even then, they need a warrant. Any rule that affects a constitutional right would be subject to strict scrutiny.

My " friends " CB use to open the drive through window at the local KFC. Drove those workers crazy. ( no pun intended)

Had the stuck ptt happen on my cousin's boat. He had two marine radios on the bridge, and I learned, the hard way, that if you put the wrong mike on the wrong hangar, the frame work of the radio box would push the button. Fortunately, a nearby boater quickly figured out we were the offending party and informed us. So, yes it can happen, and it's not even hard to do.

This is something that I have heard from a few people. I remember that in Section 97 of the FCC rules and regulations it states that Ham radio operators are to be available to the police or governing entities in an emergency. This is the only thing that allows any police, judge, or even any governing entity to do. This is not totally inclusive as the FCC can ask for a search for your license or inspect your equipment as is said in the video.

I don't know the theoretical legal aspects but I recently spoke to two different hams who were searched. It was not related to interference. In both cases the authorities went to a judge and got a search warrant specifying exactly what they were looking for. In one case they took EVERYTHING, but not long after, brought it all back undamaged except for the specific items they were looking for. This would seem to indicate that the federal authorities think they need to go to a judge and get a search warrant and that they can't just barge in. Again, this is the practical and not theoretical aspect of this subject. But in the end it is the practical that matters.

Another point to remember is, as a federally licensed radio service, amateur operators also receive some protections from interfering signal sources. Electrical Utility RFI, RFI from the plethora of LED billboards, etc... As technology advances, so does the use of electrical appliances with all their potential RFI. At my QTH, we have an S9 noise floor on 80m due to a poorly maintained utility grid, courtesy of our local electrical cooperative. We are currently working with them to improve our conditions and their efficiency. Just think, the power that is causing our troubles is power they're wasting and could be sold to customers!!! How much of their marketable service is lost due to faulty MOVs, broken insulators, etc... It's an interference win for us and a financial win for the utility On the original topic..... I stick with the standard: no warrant, no entry! Do your research and know your rights!!!!! 73 de NM9X

Hey man, been watching for a long time and just got my license finally. I’ve looked towards a lot of your videos for helpful advice and the information has been invaluable. However, I would to see a video of the “unwritten rules” of ham radio that new users like me can refer to so we can get on the air on the right foot. I fully understand the legality and ohms law etc from my courses, but I feel like what I want to know most is your tips for a beginner ham and etiquette that is not written in study materials! Thanks!

I was summoned to the courthouse for jury duty. Told them that and I was not taking anything out of my pockets or removing my belt ( 4th amendment right ). Told them to inform the judge…’ you’re not letting me in ‘. They let me pass. When the DA called my name and started to question me ( for prospective jury duty ) , I invoked and refused to waive my 5th amendment right. They let me go ( for cause ) and still paid me. Learn your rights America and don’t be afraid to stand on them.

When the SHTF, these locator trucks with antennas locating ham radios will go out, but will probably never be seen again. No Laws Do not comply with any of this crap

Back in 2010, the FCC came to my p,ace to do an inspection as a crazy neighbor complained that I was using more power than she thought I was allowed. Yeah, my total output was only around 150 watts as a general class operator, I am allowed 1500 watts max, laughably I was and am well within those bounds. The FCC personnel thanked me, noted everything on my log book, and told me to have a nice day. Later, the same neighbor called the sheriff and told them I was setting up drug deals using my radios. Yeah, with that one she nolo ger lives near me, she lost her house and is now living in her jeep.

Personally, I don't have a problem with it as long as they "ask" me. If I don't want them to come in it's more for the fact my house is more than likely a mess from my grand kids playing. But after the FCC see's the 5 radios I have of which NONE of them operate in the HF band (yet) and they are powered by a solar generator, They'll know I'm not the guy they are looking for.

Small thing for some, but it didn't go unnoticed. Appreciate the inclusion of "theirs" with "his or hers". 73 -K0PHY

nice video. the FCC will not knock on your door unless they really have to. they have guide lines to fallow. a outher agency like US attorney office checks them to see if FCC follows the rules as well. they just can't do what they want. there is all ways over cite with any government office. and because of freedom of information act any thing the FCC does or actions they take is in a public file that anyone can look up. but you do have a right to check their ID if they do come. working for radio station The FCC does come and check station. they make appointment. you are more likely to get a letter from FCC and usually registered mail that you have to sign for. I have herd ham operators getting letter from ARRL . any agency that knock at your door has to ID and state reason for visit. all levels of government has to do that. 73's

If your equipment is operating properly you shouldn't have to worry. However, you should have the opportunity to have your equipment repaired and not seized.

A CBer in Jupiter Florida was convicted (8 counts) in federal court of deliberately interfering with ham radio communications. The FCC (Tampa field office) responded to complaints by Jupiter, Fl. hams, by sending an inspector to the CBer's home. He refused inspection of his equipment. Bear in mind that he was not licensed. He was fined a five figure amount but refused to pay...and refused to cease his illegal operations. Two local hams presented, using state of the art radio detection and direction finding equipment (and I DO mean state of the art....true spook stuff), audio recordings, video recordings, transmitter rise time analysis and more evidence to the FCC. One of the FCC inspectors commented that the hams had better equipment than they did!! Early one morning...about 6 AM....the FCC, sheriff's deputies and the FBI, armed with a search warrant raided his home. He was arrested, put into handcuffs and led off to jail. He attempted to sabotage his own trial by feigning a stroke (he was out on bail). The judge in this case, Judge Hurley, revoked his bail and placed him in a cell for the remaining duration of his trial. He was subsequently brought to the court room in an orange jumpsuit, handcuffs and leg irons. The jury took about an hour to convict him on all 8 counts. He was sentenced to 18 months in federal prison. Moral of the story? If you screw around on ham radio frequencies you will get caught....and you will regret it.

Unlicensed operator demanded a radio check on our club amateur radio UHF repeater. Scoffed he didn't need a license, so the government would not be able to track him. Claimed we hams need to be more understanding.

Like you said you agree to reasonable searches when you get your license, when you buy your plane ticket you agree to reasonable search to board the plane. Keep up the good work informing everyone.

Since you made this video, the Supreme Court handed down SECURITIES AND EXCHANGE COMMISSION v. JARKESY. The general holding was that administrative agencies can't conduct violation hearings that would subject you to fines or other similar penalties. I am not an expert on administrative law, so there may be some important distinctions. But I question whether the FCC can even levy fines any more without going to court. And I just can't see them going to court over $3,000 fines except in the rarest of cases.

they seem to be just looking for an excuse not to become licensed. They seem to think this gives them the right to operate without being licensed.

Howdy, mostly agree with what you said, except towards the end when you started talking about our ham equipment interfering with - I'll use the term "consumer electronics". Actually under FCC part 15 rules, that consumer equipment MUST accept RFI from us.... Of course, we should help eliminate any of our RFI (Using Ferrites, filters, etc.). By the way, for the record... (Most of) The Bill of Rights WAS introduced at the time the founding fathers were in Philly creating our Constitution, but it was decided to leave them out at the time to ensure there were not too many "distractions" in order to concentrate on the compromises needed to pass the basic document. 73

Traveling should be a civil right....

Ham Radio Operators antennas 101. buy 100 feet of speaker wire solder in a 50-ohm resistor at one end, run the wire around the inside the house/trailer, and place an adapter on the other end of the wire. 1st time I did this in the 1970s for my TV/radio when my parents could only get one channel. I was getting Channels 2/4/5/9/11/30/47 from Saint Louis. 80 miles away (there was no cable back then. But Jef City and Kansas City are on the other side of Missouri. You can HIDE the ham radio stuff outside your house. Put the wire under the Eaves of the house.

It seems this thought of the FCC kicking your door in at 3am for a "station inspection" is more of the common fear mongering going on these days with the keyboard commandos and YT attorneys on the internet. I've been license almost 30 years and I've never had a visit from the FCC, nor do I foresee one in the future. I work of the "F around and find out" premise and if you are willfully and intentionally doing stupid stuff, eventually you will win a stupid prize.

When my name and address get posted into a searchable database open to anybody on the internet, I’m giving up something.

Is there anything that says the equipment needs to be inspected in my home? FCC knocks. Me (thru Ring doorbell), "what do you want?" FCC, "we wanna inspect your radio station." Me, "sure, send me an email and we can schedule a time for me to bring my equipment into the FCC office for you to inspect."

Now there is kind of a thing. “Visible” stuff does typically includes radiation.

Thank you for the video.

Isn't there a section of part 97 that explains that your station shall be operated "in good order". That should cover the operation that causes interference

Ham Radio Prep told me that a goofy giant bow-tie looking antenna was a Yagi, too. I wouldn't pay a lot of attention to what they think about anything.

Hello, Luv your channel. I am a Canadian ham operator and here in Canada, we have the right to refuse them unless they produce a warrant, or we can allow them without a warrant. In any event we can refuse a search that does not have a warrant if we want to. I for one would not refuse, but in any event I can understand those who want them to come back with a warrant, a warrant describes in exactness of the intent and what exactly they are looking for and they cannot after the fact say other things if they indeed find anything else that may or May not be a issue. A warrant protects both you and the law enforcement agency. I am not sure in the US if a Ham operator can refuse the search till a valid warrant if produced, if they cannot that should be a stipulation that the agency produce a warrant, just my thoughts.

The "license" for commercial stations gives the stations control over a bit of the RF spectrum over a particular area. But the Hams don't have exclusive rights. While they may try not to, stepping on each other happens and usually doesn't break any laws, rules. Perhaps it's time to simply regulate the use of the ham bands and forget about the operator licensing. If someone is putting in a super strong signal, it can get caught the same way a linear amp is on the CD. FCC agents see the signal, locate the signal, and get a warrant. Call signs are only for the innocent. BTW: a similar case can be made for the CDL (Commercial Driver's License) for operators of large trucks.

The misunderstanding and misconception here is actually a matter of semantics. The 4th Amendment guarantees protection from "unlawful searches and seizures". The FCC is NOT authorized by statute to perform any kind of "search" or "seizure". They ARE, however, authorized to perform "inspections" of any equipment capable of emitting "any kind of energy" including "radio transmissions", as well as any records relative to that equipment, and subsequently request surrender of any equipment found to be in violation. They CANNOT enter your home WITHOUT your permission. BUT if you refuse entry (which is to refuse inspection), you are in violation and subject yourself to fines and imprisonment. The FCC cannot "search" your home for equipment OR records, BUT, you are required to allow them to "inspect" any and all equipment AND records you possess. If after an "inspection", they find you possess equipment that is not FCC Type Approved or that is capable of operating outside of approved parameters, they cannot "seize" that equipment, neither are you required to surrender that equipment. But if you do not, you subject yourself to fines and proceedings against you to take the equipment. Therefore, the FCC arriving at your residence with a request to "inspect" your radio equipment and records with a subsequent request to surrender any equipment found to be in violation, is NOT an "unlawful search and seizure" prohibited by the 4th Amendment.

Thank you very well explained.

As soon as one has a smartphone, they are essentially surrendering their 4th ammendments rights. A quick scan of their smartphones will reveal tremendous amounts of information. It can be done wirelessly and without concent, without your knowledge.

You have the right to contract for them to perform warrantless entries

This piece is very crude and inarticulate on issues of law, regulation, and legal process, where there are similarities in FCC, FAA, and BATFE operations and arguably dirty illicit trickery, used to impose criminal jurisdiction on persons exercising fundamental rights, whereas others may only have civil process connections unless agents jump hoops to impose more. Exactly how those processes work takes more detail than a brief comment here, but how FAA works clearly has been litigated illegal at times, while BATFE is overdue to shut down. I am not a HAM, but have held high level commercial licenses for decades, and have handled numerous actual FCC inspections, plus dealt with a wide range of other legal and engineering issues to obtain, maintain, or be a whistleblower against crooked licenses, and made the front page of national trades on one project to shut down a malicious pirate when the FCC failed. In general I respect most FCC Enforcement Engineers I've known, but failure to shut down Verizon due to corrupt politics when well documented to cause repeated harmful interference to Part 74 devices in greater NYC, or their complicity with Congress and SCOTUS over speech censorship and religious biases, at times place them on the wrong side of actual law. There are serious issues of privacy and jurisdiction that are manipulated in treacherous ways that arguably reasonably can be seen as unConstitutional, with all 3 of those agencies and some contexts, but that could take a month of law grad school class review to seriously parse. And still be hard to honestly enforce.

There are some on 75 that should be stripped of their license, mostly 1x2 or 2x1 codeless Extras that think they’re God’s gift to the hobby. But luckily, they keep a low profile at the hamfests. They ain’t nearly as arrogant in person as they are behind a microphone, which is a good policy.

From my understanding the license allows the FCC to inspect the station itself. They do not have unfettered access to the property. If they said they are there looking for interference but then start looking for drugs and weapons then that would be unreasonable. To be honest if they are knocking on your door you might want to check your stuff. It's like a game warden told me one time. If it's bad enough I have to check your property then you probably been doing some sketchy stuff. They do make mistakes but there are so few of them that it usually has to be egregious for them to get involved anyway. And I've heard a lot of egregious stuff on HF that the community mostly just ignores.

They can request, but if the answer is no then there should be no fines or punishment unless you broke the law and that must be proved in court after a warrant is issued and a trial is held. The "let us do as we please or we will give you a ridiculous fine and take your license" attitude is unacceptable. No fines or license forfeiture, those are for the guilty and that should only happen when they get a warrant and prove you are guilty. Don't care about the verbiage, when you park at a market you will notice a sign saying the store is not responsible for damage to your car. Courts have always ruled that the store is responsible regardless of those signs.

If your not a liberal you loose your 1,2,4 & 8th .

At events I work, I occasionally get site fined for , well poor language , on the airwaves. SO I get , ya can get the FCC or there upset with ya. But if ya follow the rules it keeps ya clean.

If you don't want them in disconnect the radio and put it on the porch lol

You don't remember, lol . . . Jason, great video! See you out there. 73 de Bill

Seems like, using the same logic, FCC feds can request to inspect your mobile phones and wifi APs too?