[ScanIndiana] Cellular phone monitoring and the law

Sun, 20 Apr 2003 12:49:46 -0500

Very well said... with this, this thread should be closed as I see it.. This
simple verbage clearifies it all. With one exception >  IC 35-44-3-12,
Indiana's "scanner law" Does not say  nor targets anything about the use of
a scanner in your home... The use of a scanner in your home is up to you as
long as it is within the "LAW.."  IC 35-44-3-12, Indiana's "scanner law"
only deals with the "PUBLIC POSSESSION of a scanner.." Not its use.  Except
wher ei t says you can not use it to commit a crime.. Listening to cell
phones is a crime no matter where you are.. Thus it negates the Indiana code
allowing you to carry on in public. As you did correctly state that below..
The Federal Law that says Cellular Listening is Illegal means they do not
care if you are at Home in your car walking down the street or flying a
plane.. You simply are not suposed to listen... That does not mean you can
not do what you want.... But if caught do not pickup the soap.. ;)

If you are referring to IC 35-44-3-12, Indiana's "scanner law", it only
> stipulates that you may possess in your home a "police radio", defined as
> "a radio that is capable of sending or receiving signals transmitted on
> frequencies assigned by the Federal Communications Commission for police
> emergency purposes".

Wow, you are also correct I would think a News gathering organmization would
be one place to go get the facts about scanner law.. I guess not..! Just
like Police Officers and Scanner Law.... You had better carry a copy of IC
35-44-3-12 not all officers are trained on Indiana Law it seems.

73 Jerry N9LYA

----- Original Message -----
From: "Bob Burns K4RXR" <[email protected]>
To: <[email protected]>
Sent: Sunday, April 20, 2003 12:27 PM
Subject: [ScanIndiana] Cellular phone monitoring and the law

> At 09:26 AM 4/20/2003, DeLong wrote:
>
> >I was wanting to listen to these frequencies in my Home...
>
> Since your original message included the statement "I need the frequency
> range for cellular phones" this statement now clearly express your intent
> to listen to cellular telephone frequencies. Interception of cellular
> telephone communications is a violation of Federal law. See 18 USC 2511.
>
> >...not in my car in which I do not have a scanner in my vechicle...
>
> Where you listen to these frequencies doesn't matter, it's still a
> violation of Federal law.
>
> >These frequencies belong to the public and I will listen to whatever I
> >want to as along as it is in my home...
>
> You can listen to whatever you want, however interception of certain
> electronic communications, including cellular telephone communications, is
> prohibited by Federal law.
>
> >I am not stupid as all you you think...
>
> I didn't see any messages posted on this reflector that said you were
> stupid. However, based on what you have said, I think you are inadequately
> informed. You have asked questions which I think express your lack of
> research into both the technical and legal aspects of monitoring cellular
> telephone communications. I also think that your employer, as a news
> gathering entity which depends on cooperation with law enforcement
> agencies, would not be happy to learn that you are expressing in public
> your intent to violate Federal law.
>
> >Indiana law says that I can listen to anything in my home...
>
> If you are referring to IC 35-44-3-12, Indiana's "scanner law", it only
> stipulates that you may possess in your home a "police radio", defined as
> "a radio that is capable of sending or receiving signals transmitted on
> frequencies assigned by the Federal Communications Commission for police
> emergency purposes". Indiana law, as far as I know, does not supercede
> Federal law prohibiting the interception of cellular telephone
communications.
>
> >This is my view, please as always, take it or leave it.
>
> We are all entitled to our opinions. We are not, however, entitled to act
> in a manner which violates the law. My opinion, take it or leave it, is
> that talking about the law and how it might be violated is not, in itself,
> an illegal act. I am not the scanner police and I am not going to come
into
> your home and arrest you for listening to cellular phone calls. However, I
> think you should be aware of the law and how you might be violating it.
>
> Bob...
>
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