[ScanIndiana] Scanner
Terry & Nancy Hoover
[email protected]
Fri, 23 Aug 2002 20:42:46 -0500
Well I thought I could resist the urge but I cannot ! this was almost 10
years ago - So here goes When I worked for Posey County EMS in extreme
Southwestern Indiana, + 2 other EMS providers and was a member of German
Township Fire Dept. in Western Vanderburgh Co. I carried a scanner, a 16
channel scanning WT, as well as two other mobile radios in my van that had
all fire & EMS Freq's in it for Vanderburgh, Warrick & Posey Counties.
ISP would look over and see the well developed antenna farm on the roof most
never said anything about it, I did ask Sheriff Cox of Posey County for his
permission to monitor the police freq's under his control and he gave me a
written permission letter on Posey County Sheriffs Dept. letterhead to carry
those freq's under his control in my scanner it was signed by him and
notarized with permission granted to me and he did put an expiration date on
it and did agree to renew it if I used it responsibly, if he was re-elected
to his next term in office.
Well I moved to Indy before the election.
Fire Dept; EMS personnel, may OR May not get any static from the law
enforcement sector but don't take a chance, read and become familiar with
Indiana's Scanner Law, as a direct entry programmable scanner is a portable
police radio in all sense of the word "PORTABLE POLICE RADIO" and YES they
can & do get Confiscated and you may never see it again.
So my only advise to carry it wisely and carefully, be EXTREMELY courtious
to law enforcement if ever questioned, as most of the officers I know won't
waste their days off in court over a scanner violation unless your showing
up every time and start making an ass of yourself or unless you become a
roadside comic (smart-ass).
So read, know, use care unless, you have the assets to pay fines, tow bills
and replace your scanners that wind up in an auction somewhere and YOU are
not the benefactor of the auction.
Damn my $00.02 turned to a $1.50 well thats inflation I told you that this
was almost 10 years ago.
Goodnight & Great Scanning
Terry Hoover
-----Original Message-----
From: [email protected]
[mailto:[email protected]]On Behalf Of Don
Sent: Friday, August 23, 2002 5:42 PM
To: [email protected]
Subject: Re: [ScanIndiana] Scanner
At 12:55 PM 8/23/02 -0700, you wrote:
>It is illegal in the state of Indiana to carry your
>"police" scanner in your vehicle. unless under special
>circumstances with a permit.
>
> Enough said.
>
>
>-There is No such Thing in Indiana as a Scanner Permit , and Under Indana
>Law as read Their is No such Thing as a SCANNER ?
Example You go to Radio Shack and Buy the Scanner You saw on sale , 99
percent of the Radio shack , I Have all the answers Employees, Will tell
You if Ask is it Illegal for You to have the scanner ? Will tell You Yes
of course You can . they work on a sales commission. as Soon as You walk
out the Door Guess What under Indiana Law that Scanner just changed into a
Portable POLICE RADIO . And if Stopped You had better Be exempt under The
Indiana Scanner Law. You can Be Arrested and veh towed. and that is even if
you are Exempt , If The Law Enforcement officer is Not aware of the
Exemption Laws.
Why You ask ? Because most people stopped By the Law Enforcement Officer
If They had provable cause to stop and Question } Do NOT have the Right to
have that Scanner { PORTABLE POLICE RADIO ] It is not Our Responsibility
to Explain the Law and Exemptions to ant Law Enforcement Officer But it is
Our Butt to keep out of Jail etc. Print out the Copy of the Indiana
scanner Law give it to the Officer , If you are Exempt show them the
Reason , Copy of Your Amateur Radio lic ? WHAT they are not the FCC They
don't have the Right to Ask or see that . Remember Be polite and show them
Anyway and any other info Like a Signed letter from The Local Police
agency. or Anything that makes Us exempt .
Michigan on the other hand has a Scanner Permit , Free looks nice to Get
it http://www.mpscs.com/com-022.pdf You don't have to be a Ham , be Brief
this was started For all the Race Fans , Put down that reason, hey I
Thought we in Indiana was the big race state ?
Indiana Scanner Law Print it Keep it with you I"Am in No Way Anti Law
Enforcement , being a retired Police Sgt, as Responsible Scanner users we
are The Eyes and Ears or the Community and should all work together, Over
many yrs involved in Law Enforcement I'am aware of Many Times Being helped
by them in many ways, one Example I Was in a bad area at 3 in the Morning
calling for assistance , But My battery was going low and I kept breaking
up into the repeater , But Fortunately a Scanner listener was Listening to
the Input Near by and called My Dispatcher, and I Got the help I needed and
our Dept sent a Thank You Letter. And this was issued after Sept 11
Monitor our Scanners
The FCC's Riley Hollingsworth today suggested that the amateur community
remain calm but ready. He invited amateurs monitoring any suspicious radio
activity to
contact him via e-mail, and he will relay relevant information to the FCC
duty team. "You never know," he said. He advised monitors to tape such
radio traffic, if
possible.
Off The Soapbox , Enough
said, Enjoy Don KA9QJG
Indiana Scanner Law
Burns Indiana Statutes Annotated (1995)
1995 Supplement, p. 54
Offenses Against Public Administration
Interference With Governmental Operations
s. 35-44-3-12 -- Possession of police radios
s. 35-44-3-12. Possession of police radios. -- (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. [IC 35-44-3-12, as added by Acts 1977, P.L. 342, s. 1;
P.L.162-1994, s. 1.]
----------
Amendments. The 1994 amendment inserted the subsection (a)(1)
designation, deleted "portable" preceding "police radio" in
subsections (a)(1), (b)(5), (b)(7), and (b)(9), added subsections
(a)(2), (a)(3), and (b)(10), making related changes, substituted
"Subsection (a)(1) and (a)(2) do not" for "This section does not" in
the introductory language of subsection (b), added "if the person is
not transmitting over a frequency assigned for police emergency
purposes" in subsection (b)(6), substituted "As used in this section,
`police radio' means a radio capable of sending or receiving" for
"`Portable police radio' means a radio receiving set that is capable
of receiving" in section (c), and made stylistic changes.
Effective Dates. P.L.325-1994, s. 1. July 1, 1994.
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