[ScanIndiana] Re: Scanner Law??

[David L Norris]

On Wed, 2003-04-16 at 12:34, Stacey Whaley wrote:
> Hi Everyone,
> 
> I know that here in Southern Indiana it is illegal to
> carry my scanner around in the car.  I have a few
> questions regarding this law:
> 
> A. Can you carry it around your neighborhood while you
> are out walking?

The law effectively states that you cannot even _possess_ a scanner that
is intended for use in a vehicle or to be "carried by an individual" in
Indiana.  To restate, portable scanners aren't even legal to _possess_
without a permit or exemption.  It's really amazing that stores are able
to sell them.

Here's the actual law:
http://www.in.gov/legislative/ic/code/title35/ar44/ch3.html#IC35-44-3-12

> B. I’ve been told that I can get a chief or sheriff of
> a police department to write a document and sign it
> that gives me permission to carry my scanner in the
> car.  Is this correct?

Yes.  And, I believe the law was very recently ammended to put into
place what looks like a formal permit system managed by each county;
effectively the counties will have to document who has been granted and
denied permits (and why) and would be allowed to charge a fee.

> C. If it is indeed true that officers of the PD can
> give permission, have any of you received this kind of
> permission and how hard is it to get? (I realize I’d
> probably have to swear not to use my scanner as an
> ambulance chaser, etc.)
> 
> D. You can carry it in your car if you have an
> Amateur’s Radio Operating license?

Yes, amateur radio operators are exempt as well as anyone else who might
have a "valid" reason to own a two-way radio which can receive police
traffic.

> E. If I want to take my scanner to work or to the
> campground, for instance, am I allowed to pack it in a
> bag?  I would probably have to take the batteries out,
> remove the antenna, etc.; just in case I got pulled
> over for anything and got searched they could see I
> wasn’t using it.  (I’m looking at the worst-case
> scenario; I doubt I’d ever be searched for any
> reason.)

Well, it wouldn't be legal.  Hard to say if you'd ever be challenged. 
Some police don't mind and others will go nuts on you.  So long as you
don't "act suspicious" I doubt you'd be given much trouble.

-- 
 David Norris
  http://www.webaugur.com/dave/
  ICQ - 412039