Re: Can anyone about laws on scanner


Matthew Roberts
 

I was given a verbal warning for carrying it on my person while walking around the apartment complex in which I lived at the time. They told me I could go to the Sheriff's Office and get a permit, but the communications director refused to give me one because I wasn't a cop, firefighter, or ham operator, all of which are already exempt from the law anyway.

-Matt

On 6/11/2020 11:13 AM, cbm guy wrote:
Has anyone actually been cited for or know anyone who has actually been cited for using a mobile scanner in a motor vehicle?  What were the circumstances?  This would seem to to be a secondary or tertiary type offense that is added to an underlying charge such as speeding, texting, open container etc. and the officer just happens to see the scanner in your vehicle.  That assumes that an officer is even aware of a statute that prohibits the use in a vehicle.  Just because you have a scanner in your vehicle doesn't necessarily mean you will be cited for it. 

I myself have had very infrequent interactions with law enforcement but when I have been pulled over, the presiding officer has never said anything about my scanner(s)OR my radar detector.  They are clearly visible and out in the open.   A couple of years ago we were stopped at a traffic checkpoint on I-40 in New Mexico and the only thing the officer said was that I had more antennas on my vehicle than he had on his!!!  True story.

Based on my observations and experiences, my guess is that most law enforcement don't care about scanners in vehicles as long as the scanner is not being used for an illegal purpose (ie. eavesdropping), to evade capture or aid in fleeing pursuit or using in in the commission of a felony.  Today's enforcement buzzwords are impaired driving, distracted driving and drug transport prevention.  And with the ability to scan on phone apps, the subject of mobile may be somewhat of a stale and moot issue. 

Also, if it were a huge issue, at the federal level the FCC could just stop issuing type certifications for mobile scanners as the intended use could be seen as one for installation in motor vehicles and thus could be a violation of a state statute. 

My opinions..



Chan
KB0ECO
Licensed Amateur since 1989




Sent from my Verizon, Samsung Galaxy smartphone


-------- Original message --------
From: KA9QJG <KA9QJG@...>
Date: 6/11/20 12:10 AM (GMT-06:00)
Subject: Re: [Uniden] Can anyone about laws on scanner

Joe   , That is a great point and in Indiana  We try and not talk about it because  the Way the Indiana scanner law is written It state's   a device cable of  listening  to Police calls.. That’s right a Cell phone  would be considered a  device and if mobile or not on your property  or business  it would be illegal unless   exempt.. But please  be careful as scanner owners  we do not want the local PD  that has Scanner laws to try this in court and be right.
As everyone knows  Apps work ok But not like a real Scanner  that we can lock on a Freq .. Example listening a App you hear something bad in your hood and want to listen  the next thig you hear is the Dog  catcher chasing a dog in another  town , we are at the mercy of whatever  the provider   set his scanner  up for  ,,And I know we  have all read  because of Apps that is why lots of departments are  going Encrypted that is  another  thread  in itself ..

Stay Safe and Healthy

Don KA9QJG

-----Original Message-----
From: main@Uniden.groups.io [mailto:main@Uniden.groups.io] On Behalf Of Joe M.
Sent: Wednesday, June 10, 2020 10:47 PM
To: main@Uniden.groups.io
Subject: Re: [Uniden] Can anyone about laws on scanner

That's the part that has never been tested in courts - like having
streaming vs scanner laws. Does it have to be direct reception or can it
be indirect?

And to be clear, the person committing the crime would be charged with
using the scanner in the furtherance of a crime. The feed provider would
not be guilty since they didn't commit the crime. But they might be
charged under the disclosure prohibition of the Communications Act of
1934. That, too, has never been challenged in court. Is forwarding a
signal "disclosure"? Like how many licks it takes to get to the center
of a Tootsie Pop, we may never know.

Joe M.

On 6/10/2020 7:47 PM, Tim Ferguson wrote:
> So the people that provide scanner feeds via the Internet can be held
> responsible, too, if their feed was used by a criminal committing a
> crime to monitor where the police are while committing the crime?
>
> Tim Ferguson
>
>> On Jun 10, 2020, at 6:29 PM, Stephen Krug <skrug4@...> wrote:
>>
>> 
>> Here is what I found:
>>
>> *Scanners* are legal to use anywhere in the state of *Illinois*. ...
>> Per federal *law*, it is *illegal* everywhere in the U.S. to
>> intentionally monitor pagers, phone communications of any type, or to
>> unscramble any encrypted communications.Nov 22, 2008
>>
>>
>>   § 8-4-059. Possession of scanners illegal.
>>   <http://chicago-il.elaws.us/code/coor_t8_ch8-4_sec8-4-060>
>>
>> ------------------------------------------------------------------------
>>
>>  *
>>
>>
>>  *
>>
>>
>>
>>   * <http://www.elaws.us/subscriber/signin?returnurl=http://chicago-il.elaws.us/code/coor_t8_ch8-4_sec8-4-059>
>>
>>
>> Latest version.
>>
>>  *
>>
>>     (a)   Whenever used in this section, the word “scanner” means a
>>     radio set or apparatus (1) capable of receiving, transmitting, or
>>     both receiving and transmitting radio messages or signals within
>>     the wavelength or channel now or hereafter assigned by the Federal
>>     Communications Commission or its successor for use by law
>>     enforcement agencies; or (2) that may intercept or interfere with
>>     the transmission or reception of radio messages or signals by the
>>     department of police.
>>
>>     (b)   No person shall use a scanner in such a way as to interfere
>>     with messages transmitted or received by the department of police.
>>     No person shall use a scanner to aid or abet the performance of
>>     any act in violation of any law or ordinance. The use of a scanner
>>     to aid or abet any illegal act shall be an offense separate and
>>     distinct from such illegal act.
>>
>>     (c)   Any person who violates this section shall be subject to a
>>     fine of not less than $200.00 and not more than $500.00.
>>
>> (Added Coun. J. 7-14-93, p. 35538)
>>
>>
>>
>> On Wednesday, June 10, 2020, 6:19:26 PM CDT, Tim Ferguson
>> <tferg53@...> wrote:
>>
>>
>> Please don’t sigh, Joe, I have A.D.D., and often miss pertinent
>> information that others already know, from keeping up with what has
>> already been said.  My apologies for making you go out of your way....:-)
>>
>> Tim Ferguson
>>
>> > On Jun 10, 2020, at 5:32 PM, Joe M. <mch@... <mailto:mch@...>>
>> wrote:
>> >
>> > (sigh)....
>> >
>> > <<http://www.fordyce.org/scanning/scanning_info/scanlaws.htm>>
>> >
>> > That has info on ALL 50 states.
>> >
>> > I can't say it's 100% current, but it will
>> > give you a good place to start your research.
>> >
>> > Joe M.
>> >
>> >> On 6/10/2020 2:46 PM, Tim Ferguson wrote:
>> >> Does anyone know about any laws pertaining to scanners in Illinois?
>> >>
>> >> Tim Ferguson
>> >>
>> >>> On Jun 10, 2020, at 1:38 PM, Teton Amateur Radio Repeater Association
>> >>> (TARRA) <tarra@... <mailto:tarra@...>> wrote:
>> >>>
>> >>> 
>> >>>
>> >>> http://www.fireline.org/scanlaws/scanner5.html Looks rather out of
>> >>> date. I'm also sure that using a radio to receive police
>> >>> communications while committing a crime isn't going to be good for you
>> >>> anywhere.
>> >>>
>> >>> Many, many years ago when I worked in television (engineering but
>> >>> helped with news) in Indiana, one morning on the way into work I heard
>> >>> of an accident ahead on my normal route. I started going a different
>> >>> route to bypass the accident. Then I heard a call for jumper cables
>> >>> because they had a car stalled at the accident scene making another
>> >>> problem. The only officer who had jumper cables was on the other end
>> >>> of the county. So I showed up. I got out of my car and said I had
>> >>> jumper cables. The officer said great, but how did you know we needed
>> >>> jumper cables? I said I heard it on my scanner. He looked at my Ohio
>> >>> license plate (I lived in Ohio) and he said you know it is illegal to
>> >>> have a scanner in your car in Indiana? I said yes, I know that. I told
>> >>> him which station I worked for and said I would be glad to show you my
>> >>> media pass and scanner permit or we can just jump the car and get it
>> >>> out of the way. He said lets just jump the car and get it out of the
>> >>> way. Good choice, so that was what we did. I always figured that he
>> >>> probably thought since I knew what I needed to have and was willing to
>> >>> show them that is wasn't worth the time to look.
>> >>>
>> >>> Mick
>> >>>
>> >>> ----- Original Message -----
>> >>> From: "Bernard Skoch via groups.io"
>> >>> To: "jcl40511@... <mailto:yahoo.com@groups.io>" ,
>> "main@Uniden.groups.io <mailto:main@Uniden.groups.io>"
>> >>> Sent: Wednesday, June 10, 2020 11:27:45 AM
>> >>> Subject: Re: [Uniden] Can anyone about laws on scanner
>> >>>
>> >>> > Can't vouch for accuracy, but here's a compilation of state laws.
>> >>> > http://www.fireline.org/scanlaws/scanner5.html
>> >>> > And here is Kentucky's statute:
>> >>> > http://www.fireline.org/scanlaws/laws/scanner/ky.html
>> >>> >
>> >>> > Here is the only verbiage I can find that references hams:
>> >>> > Nothing contained in this section shall prohibit the possession
>> >>> > of a radio by:
>> >>> >
>> >>> > (a) An individual who is a retailer or wholesaler and in the
>> >>> > ordinary course of his business offers such radios for sale
>> >>> > or resale;
>> >>> >
>> >>> > (b) A commercial or educational radio or television station,
>> >>> > licensed by the Federal Communications Commission, at its
>> >>> > place of business; or
>> >>> >
>> >>> > (c) An individual who possesses such a radio, provided it is
>> >>> > capable of receiving radio transmissions only and is not
>> >>> > capable of sending or transmitting radio messages, at his
>> >>> > place of residence; licensed commercial auto towing trucks;
>> >>> > newspaper reporters and photographers; emergency management
>> >>> > agency personnel authorized in writing by the director of
>> >>> > the division of emergency management (for state personnel)
>> >>> > or chief executive of the city or county (for their
>> >>> > respective personnel); a person holding a valid license
>> >>> > issued by the Federal Communications Commission in the
>> >>> > amateur radio service; peace officers authorized in writing
>> >>> > by the head of their law enforcement agency, Commonwealth's
>> >>> > attorneys and their assistants, county attorneys and their
>> >>> > assistants, except that it shall be unlawful to use such
>> >>> > radio to facilitate any criminal activity or to avoid
>> >>> > apprehension by law enforcement officers. Violation of this
>> >>> > section shall, in addition to any other penalty prescribed
>> >>> > by law, result in a forfeiture to the local law enforcement
>> >>> > agency of such radio.
>> >>> >
>> >>> >
>> >>> > -----Original Message-----
>> >>> > From: John Lewis via groups.io
>> >>> > To: main@Uniden.groups.io <mailto:main@Uniden.groups.io>
>> >>> > Sent: Wed, Jun 10, 2020 11:47 am
>> >>> > Subject: [Uniden] Can anyone about laws on scanner
>> >>> >
>> >>> > I live in Kentucky I'm ham  Operator weather have scanner in my
>> vehicle
>> >>> >
>> >>> >
>> >>> >
>> >>> >
>> >>> >
>> >>> --
>> >>> Untitled Document
>> >>>
>> >>>
>> >>>
>> >>> 0
>> >>
>> >>
>> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
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>> >>
>> >>
>> >> <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
>> >
>> >
>> >
>>
>>
>







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