[ScanIndiana] 1 reason I like scanners

Wed, 10 Apr 2002 18:33:54 -0500

Ok I left out the main part of my question - I saw no reference to EMS or
Firefighters only a government entity, so does that mean private or
industrial Fire dept.  and Private EMS providers would not be considered a
governmennt entity?

As they (private services )  normaly are not part of a government - now I
don't see a police officer stopping an ambulance to see if there is or isn't
a scanner, but an employee of that service off duty in a POV would stand a
higher chance of getting nailed ? with no leg to stand on ?
sorry for the second post.

Thanks
Terry (I really am getting my eyes checked tomorrow) Hoover

-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Terry & Nancy
Hoover
Sent: Wednesday, April 10, 2002 6:21 PM
To: [email protected]
Subject: RE: [ScanIndiana] 1 reason I like scanners

Did I miss it when I read the scanner law,  I yes I am having my eyes
checked tomorrow afternoon actually,
theIndiana 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 news gathering 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.

The Indiana Scanner Law

only reference I saw made was to Law Enforcement personnel, or the members
of the  news media.

 someone Pleezz clarify this for me.

Thanks Folks
Terry ( I am getting my eyes checked tomorrow ) Hoover

-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Dave Diehl
Sent: Tuesday, April 09, 2002 3:55 PM
To: [email protected]
Subject: Re: [ScanIndiana] 1 reason I like scanners

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)?

www.indyscan.com has the actual law...  Long and short of it is that if you
do not have a HAM radio license, or you are NOT in the emergency service, it
is illegal to possess a scanner in a vehicle...  I have personally seen
numerous scanners made property of the state for this reason...  Its an easy
law to prove in court...  Part of it is that it is not to be used to further
a crime, well if an officer has you with it, he has just proved his case...

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