[ScanIndiana] Re: Scanner Law??

Wed, 16 Apr 2003 17:02:31 -0500

I would say that excludes most lawful businesses.. What business would need
a police radio or scanner for selling fries and a coke, Delivering pizzas,
making and selling cars, etc... I would take as meaning that possession and
use of a business where possession and using a police radio or scanner is a
normal thing.. If you landscape lawns then I would say.. You have no reason
to carry a police radio or scanner... Now if you were a security guard... I
would consider that a normal activity...

Just my idea of what it means...

73 Jerry N9LYA

----- Original Message -----
From: "Andrew Baugh" <[email protected]>
To: <[email protected]>
Sent: Wednesday, April 16, 2003 4:51 PM
Subject: RE: [ScanIndiana] Re: Scanner Law??

> (10) a person who possesses or uses a police radio during the normal
> course of the person's lawful business.
> Correct me if i'm wrong, but isn't this also possibly mean that you can
use it as long as it's not for anything illegal.  Is it just me, or is that
technically what it is saying? --Andrew--
>
> Phill Zimmerman <[email protected]> wrote:What license do you need to be
exempt? Just a basic amateur license?
>
> IC 35-44-3-12
> Unlawful use of a police radio; exemptions; "police radio" defined
>
>
> --------------------------------------------------------------------------
--
> ----
> 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
>
> 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,
> >
> > 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
>
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