[Scan-DC] Of interest

[Blair Thompson]

(a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.

So, if you have a scanner (which section (c) defines as a police radio), then you are fine as long as you do not possess or use it while committing a crime, to further the commission of a crime, or to avoid detection by a law enforcement agency. 

I think that's pretty much what Virginia legislation says. That makes sense. 

It was Michigan that flat out prohibited even the possession of a scanner in a motor vehicle. There was someone about ten years ago who worked to change that. Possession of an amateur operator license was the "get out of jail free card" that took care of that problem.

Here you go. It was Mark Bajek. From 2005:

http://forums.radioreference.com/general-scanning-discussion/14949-new-michigan-scanner-law-passes-mi-house.html

As an aside, I just renewed my amateur license. I think I'll remove a tag from a mattress. 

KI4BNK

---------- Original Message ----------
From: cohenner at gmail.com
To: scan-dc-bounces at mailman.qth.net,Scan-DC at mailman.qth.net
Subject: [Scan-DC] Of interest
Date: Fri, 3 May 2013 20:17:57 +0000

This is an interesting post from the South Bend Police Department (Indiana). They have totally taken the law and turned it for their own use. 

This is a question we are asked on a regular basis:

Since 1977, it has been illegal in the State of Indiana to listen to police radio frequencies while in a motor vehicle or to use a device to monitor police frequencies while committing a crime. Below is the language from Indiana criminal code # 35-44-3-12:

(a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county
in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio [*your cell phone is a sophisticate radio, but a radio none the less] that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.
For full details, view this message on the web.
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