[ScanIndiana] Scanner

[gary lane]

THANK YOU DON!


--- Don <ka9qjg@attbi.com> wrote:
> 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 
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