Guy gets caught while trying to stop drivers from talking on cellphones while driving

The court finds Jason R. Humphreys apparently liable for a forfeiture of $48,000 for using a cell phone jammer in his car during his daily commute between Seffner and Tampa, Florida. Mr. Humphreys' illegal operation of the jammer apparently continued for up to two years, caused actual interference to cellular service along a swath of Interstate 4.

(a) Penalty of $16,000 for jamming law enforcement frequencies, plus (b) Penalty of $16,000 for jamming cellphone frequencies, plus (c) Penalty of $16,000 for operating that same jammer for two years.

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-------------------------------------------------------------- On April 29, 2013, the Enforcement Bureau (Bureau) received a complaint from Metro PCS that its cell phone tower sites had been experiencing interference during the morning and evening commutes in Tampa, Florida. Based on the location of the towers and the times that the alleged interference occurred, the Bureau determined that the likely source of the interference was mobile along Interstate 4 between downtown Tampa and Seffner, Florida.

On May 7, 2013, agents from the Bureau's Tampa Office (Tampa Office) initiated an investigation into this matter and monitored the suspected route. On May 7, 8, and 9, 2013, the agents determined, using direction finding techniques, that strong wideband emissions within the cellular and PCS bands (i.e., the 800 MHz to 1900 MHz band) were emanating from a blue Toyota Highlander sport utility vehicle (SUV) with a Florida license plate. On May 9, 2013, the Hillsborough County Sheriff's Office (Hillsborough Sheriff), working closely with the agents from the Tampa Office, stopped the Toyota Highlander SUV. The Hillsborough Sheriff deputies reported that communications with police dispatch over their 800 MHz two-way portable radios were interrupted as they approached the SUV.

The agents from the Tampa Office and the Hillsborough Sheriff deputies interviewed the driver, who identified himself as Jason Humphreys. Mr. Humphreys admitted that he owned and had operated a cell phone jammer from his car for the past 16 to 24 months. An inspection of the vehicle revealed the cell phone jammer behind the seat cover of the passenger seat. Mr. Humphreys stated that he had been operating the jammer to keep people from talking on their cell phones while driving. At the conclusion of the interview, the Hillsborough Sheriff deputies seized Mr. Humphreys' cell phone jammer pursuant to Florida state law. On the following day, May 10, 2013, Metro PCS confirmed that the interference to its cell towers had ceased. On June 14, 2013, agents from the Tampa Office tested the seized cell phone jammer and confirmed that it was capable of jamming cellular and PCS communications in at least three frequency bands:

821-968 MHz, 1800-2006 MHz, and 2091-2180 MHz.
Reply to
Abe Swanson
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$449.00

Reply to
Joe seph P. W. Kenington

Okay, so one time? In band camp? Abe Swanson was all, like:

He was very lucky. Had anyone died because of his actions that would be first degree murder, which is still a capital offense in Florida.

Reply to
Lewis

These guys did the same thing, only it was a business doing the jamming, instead of a driver, and it was AT&T instead of T-Mobile.

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Reply to
Arthur Jones

Let me guess... You stayed at a Holiday Inn Express last night?

Reply to
News

What are you talking about?

Reply to
Lewis

Your "legal training"

Reply to
News

Still way outside at the very least. Explain please.

Reply to
BobbyK

A death during the commission of a crime is first degree murder regardless of the circumstances or cause of the death. This is true here in Colorado, is true in California, and as I understand it is true in Florida.

So, if you rob a store and the clerk dies of a heart attack, that is first degree murder.

Jamming cellphone signals is illegal,. The jammer also jams emergency vehicle communications. If that jamming caused *in any way* a person to die, then the person jamming the signals could be charged with first degree murder.

Reply to
Lewis

I guess I'm being dense; but I don't see the connection to Holiday Inn Express...

Reply to
Jolly Roger

And it could very easily be a Federal charge since cell phones come under the umbrella of the FCC

Reply to
Kurt Ullman

Wrong when the death is caused by the victim of the crime defending himself.

Fraid not.

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Wrong.

Reply to
290jkl

Holiday Inn Express laughable.

Reply to
News

Only if the death is that of the perpetrator. If it's a third party, then it is first degree murder, charged to the perpetrator.

Reply to
Michelle Steiner

Okay, so one time? In band camp? 290jkl was all, like:

Unless the law has changed very recently in California, yes it is.

The relevant link:

"The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the commission of a felony, the offender can be charged with murder. Second, it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony."

And Felony Murder is classified as 1st Degree murder, as cited on the page you linked to.

Yeah, I'm sure I'm going to believe you.

Reply to
Lewis

Lewis wrote: [...]

Then - as a shopper - I'd better not have a heart-attack when someone steals a packet of crisps!

Reply to
Frank Slootweg

Actually true in California. There have been several cases where a partner in crime has been killed as a result of action by a victim and the survivor has been charged and convicted of murder. This falls under the felony murder rule. Basically stated, a felony murder is when a person is killed during the commission of a felony. A felony is a serious crime that's usually punishable by more than one year in prison. There are certain key differences between felony murder and most other forms of murder. Most forms of murder require an intent to commit death. Felony murder only requires the intent to commit the felony. During the course of the felony, any homicide will be considered murder, whether it's intentional or accidental.

This is true even if a participant isn't directly responsible for the death. For example, the driver of a getaway car can be charged with felony murder if his partner accidentally shoots someone while attempting to rob a bank. There are a fair number of individuals serving life terms in California because of the felony murder rule. I actual knowledge of two home invasion cases where in the first, two partners in crime were killed by the home owner, and the survivor (who was wounded) is serving a life term. In the other there were two partners in crime, one killed, the other convicted of murder under the felony murder rule.

It has been true in California for the 25 years I was a Law Enforcement officer in this State.

Jamming

That depends on the will of the local D.A..

Reply to
Savageduck

Even if it's the death of someone other than the perp.

Wrong.

Wrong.

Reply to
290jkl

No it is not, particularly in the situation I mentioned.

Nope, that defines what is first degree murder.

A separate issue entirely to what is FIRST DEGREE murder.

is a legal doctrine in some common law

But not with FIRST DEGREE murder.

Second,

Still not FIRST DEGREE MURDER.

Not always.

It doesn?t say that that absolutely. In fact it says very explicitly indeed that first degree murder requires intent, planning and malice aforethought and if there is no intent it becomes second degree murder. So you are just plain wrong.

Doesn?t matter what you believe.

Reply to
290jkl

Nope.

But not with FIRST DEGREE MURDER.

There is also a key difference between FIRST DEGREE and SECOND DEGREE murder.

But not FIRST DEGREE murder when there is no intent to murder.

Felony murder isnt the same thing as FIRST DEGREE murder.

But not for FIRST DEGREE murder.

In the other there were two

Again, he wasn?t convicted of FIRST DEGREE murder.

No, not with FIRST DEGREE murder. You are talking about FELONY murder, a different crime entirely.

Nope, the court would toss it in the bin if he was stupid enough to try that.

It isnt even felony murder either.

Reply to
290jkl

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