[ScanIndiana] 1 reason I like scanners

Andrew Everhart [email protected]
Tue, 9 Apr 2002 19:19:14 -0500


Tom Said:
"Portable" scanners are illegal everywhere in Indiana... All those scanners
being used at the Indy speedway every May could be confiscated. The only
legal ones are those that use household current.

You know, the law sure does read that way.  I hadn't really considered what
you wrote until I read the law again...  I was always focusing on the
"scanner in the car" issue...

I _think_ the IMS is considered private property though..

Interesting observation!  I agree with your other point.  Get your HAM
license & it's a moot point.

Andrew

-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of
[email protected]
Sent: Tuesday, April 09, 2002 16:24
To: [email protected]
Subject: Re: [ScanIndiana] 1 reason I like scanners





One reason I like scanners is so I know who gets pulled over in my city.
Another is so if someone in my family gets hurt or something the fire &
rescue get called out and I hear it on my scanner, by the way does anybody
know if it is illegal to use a hand-held scanner in a car (that's what I
got)?
Chance Westfall     [email protected]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~
"Portable" scanners are illegal everywhere in Indiana... All those scanners
being used at the Indy speedway every May could be confiscated. The only
legal ones are those that use household current.

I carried a scanner in the car for years with a letter from my Nephew, who
was the Chief of Police of a town nearby. Then he went and got himself
elected Judge, and the new C.O.P. wouldn't renew my letter. So I broke down
and got a Ham license.

Do yourself a favor and get a Ham license. You can study for it online,
it's a piece of cake, and a small price to pay for peace of mind.

This is the law... (you can read it online if you wish, at
http://www.state.in.us/legislative/ic/code/title35/ar44/ch3.html)

Indiana Code 35-44-3-12
Enacted 1977, Amended 1994

IC 35-44-3-12 Sec. 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 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.





   ____              ____        ___
  / __/______ ____  /  _/__  ___/ (_)__ ____  ___ _
 _\ \/ __/ _ `/ _ \_/ // _ \/ _  / / _ `/ _ \/ _ `/
/___/\__/\_,_/_//_/___/_//_/\_,_/_/\_,_/_//_/\_,_/

______________________________________________
ScanIndiana mailing list
[email protected]
http://mailman.qth.net/mailman/listinfo/scanindiana

Visit Indiana's source for Scanner Information!  http://www.indyscan.com