[ScanIndiana] Re: Scanner Law??
Phill Zimmerman
[email protected]
Wed, 16 Apr 2003 15:42:28 -0500
What license do you need to be exempt? Just a basic amateur license?
IC 35-44-3-12=20
Unlawful use of a police radio; exemptions; "police radio" defined=20
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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
Thanks
=20
Phill Zimmerman
Agronomy Manager
AgBest
www.agbest.com
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of David L Norris
Sent: Wednesday, April 16, 2003 3:35 PM
To: ScanIndiana Mailing List
Subject: [ScanIndiana] Re: Scanner Law??
On Wed, 2003-04-16 at 12:34, Stacey Whaley wrote:
> Hi Everyone,
>=20
> 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:
>=20
> 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.)
>=20
> 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.=20
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.
--=20
David Norris
http://www.webaugur.com/dave/
ICQ - 412039
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