Comment 35 for bug 37821

> It wasn't *really* a bug with madwifi as such

Oh yes it was. If madwifi isn't capable of scanning when already connected, then it just shouldn't do the scan when given the order by NetworkManager (or by whoever). Either you support a feature or you don't support it; if you don't, you should refuse to do it when asked, either ignoring the request or returning an error.