[Scan-DC] iPhones' police scanner apps can be illegal

Steve Siegel beachbumsteve at gmail.com
Sun Feb 6 10:15:16 EST 2011 

I don't think there's comprehensive, up-to-date site anywhere.  Here's a quick reference, but last updated in 2005: http://www.fordyce.org/scanning/scanning_info/scanlaws.htm.

I think http://radioreference.com has a law discussion in their forums.

And there's always http://lmgtfy.com/?q=state+scanner+laws.

_________ 
73 de K3SLS

-----Original Message-----
From: scan-dc-bounces at mailman.qth.net [mailto:scan-dc-bounces at mailman.qth.net] On Behalf Of Bob W4NNG
Sent: Sunday, February 06, 2011 7:07 AM
To: 'Scan DC'
Subject: Re: [Scan-DC] iPhones' police scanner apps can be illegal

Any one know if  it's illegal to have/be using a scanner in the car in any 
of the Metro DC area jurisdictions.


----- Original Message ----- 
From: "John Bacon" <scan-dc at djbitz.com>
To: "'Scan DC'" <Scan-DC at mailman.qth.net>
Sent: Sunday, February 06, 2011 6:40 AM
Subject: Re: [Scan-DC] iPhones' police scanner apps can be illegal


I was just about to ask what law they would be referring to.

JOHN

-----Original Message-----
From: scan-dc-bounces at mailman.qth.net
[mailto:scan-dc-bounces at mailman.qth.net] On Behalf Of Steve Siegel
Sent: Saturday, February 05, 2011 10:35 PM
To: Scan DC
Subject: Re: [Scan-DC] iPhones' police scanner apps can be illegal

There are several exemptions possible in Kentucky, including possessing an
Amateur Radio License.

See http://www.monitoringtimes.com/html/mtlaws_mar04.html

_________
73 de K3SLS

-----Original Message-----
From: scan-dc-bounces at mailman.qth.net
[mailto:scan-dc-bounces at mailman.qth.net] On Behalf Of Alan Henney
Sent: Saturday, February 05, 2011 8:46 PM
To: Scan DC
Subject: [Scan-DC] iPhones' police scanner apps can be illegal


Messenger-Inquirer (Owensboro, Kentucky)

Distributed by McClatchy-Tribune Business News

February 5, 2011 Saturday

iPhones' police scanner apps can be illegal

BYLINE: James Mayse, Messenger-Inquirer, Owensboro, Ky.

SECTION: STATE AND REGIONAL NEWS

LENGTH: 562 words

Feb. 05--New apps such as "Scanner911," "5-O Radio" and "Police Scanner 2"
for portable devices such as the iPhone and Android phones let users listen
to police scanner traffic from virtually any city.

But if a person is caught with a scanner app while in the car or out of the
house, that person could be fined, jailed or both.

The apps basically function like police scanners, giving the listener a
stream of police, fire and emergency services scanner traffic from a variety
of cities. Such apps, and traditional police scanners, can be used legally
in the home. Since the apps function like police scanners, Daviess County
Attorney Claud Porter said they fall under the state law that prohibits
their use outside of the home.

Using a police scanner or scanner app on the road creates a safety hazard
for motorists and emergency personnel, Porter said.

"You can have them (in your home), but you can't have them in your car,"
Porter said.

The fear is motorists will use scanner apps to follow emergency personnel to
accidents or police actions, Porter said.

"You're not supposed to get within so many feet of an emergency vehicle, and
you can't follow an emergency vehicle," Porter said. Also, "if you get
around an accident, it creates a problem for other traffic," he said.

Officer Marian Cosgrove, public information officer for the Owensboro Police
Department, said scanner apps, like traditional scanners, are prohibited for
use outside the home because they can tip off people who are committing
crimes.

"It's a safety issue" for police, Cosgrove said. A person committing a crime
could use the app to hear if police have been dispatched to the scene, how
many officers are responding and even from what direction the officers are
coming, Cosgrove said.

"It's a point of safety for officers that people committing crimes don't
know what we're saying," Cosgrove said.

Occasionally, a scanner transmission will include the name of the person
making the complaint or reporting suspicious activity, which creates the
possibility of the person committing the crime retaliating against the
complainant, Cosgrove said.

"That's public safety, not just officer safety," Cosgrove said.

The penalty for being caught using a scanner app outside the home is a
misdemeanor, which can carry a fine of up to $500 and up to 12 months in
jail. Police, emergency personnel and members of the media are exempt.

Having the app on your iPhone or Android phone itself is not a crime, so
police wouldn't normally get a search warrant in order to check a person's
iPhone for the app, Porter said. But if a person was regularly showing up at
a crime scene, police could reasonably suspect a person is using the app and
get a search warrant, Porter said.

Porter said people can legally use the apps at home but are breaking the law
when the app is used elsewhere.

"Something that wasn't illegal when you're sitting at home suddenly is
illegal to possess" if used outside the house, Porter said.

James Mayse, 691-7303, jmayse at messenger-inquirer.com

To see more of the Messenger-Inquirer, or to subscribe to the newspaper, go
to http://www.messenger-inquirer.com. Copyright (c) 2011,
Messenger-Inquirer, Owensboro, Ky. Distributed by McClatchy-Tribune
Information Services. For more information about the content services
offered by McClatchy-Tribune Information Services (MCT), visit
www.mctinfoservices.com.

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