Indiana Scanner Laws

Indiana Scanner Laws

Post by Mike Basing » Thu, 08 Dec 1994 07:41:23


I understand there are some laws limited scanner use in Indiana, can
someone explain to me what they are.

thanks (sorry if this is a FAQ),
mike
--
D. Michael Basinger [N9YYO]

<http://bronze.ucs.indiana.edu/~dbasinge/>
"Not speaking for Indiana University"

 
 
 

Indiana Scanner Laws

Post by Jason Kronz x8645 p54 » Fri, 09 Dec 1994 07:23:50


: I understand there are some laws limited scanner use in Indiana, can
: someone explain to me what they are.

: thanks (sorry if this is a FAQ),
: mike
: --
: D. Michael Basinger [N9YYO]

: <http://www.redwaveradio.com/~dbasinge/>
: "Not speaking for Indiana University"

Mike,

        This may not be exactly true, laws may have changed, but
basically having a scanner in the car or on your person is a no no
execpt if you are:

        policeman,fireman,a goverment official,a news reporter, or
        a ham radio operator.

Like I said this may not be the exaclt law but it came from a
law student who was a scanner enthusiast.  

btw, he got his ham radio liscence just to get around the laws...

I suggest if you don't have your HAM liscence to go ahead and get it.

-jason

These Are MY opinions and do not reflect those of Motorola Inc.
________________________________________________________________________________
Jason Kronz             |                                        

N9OFN                   |                                      
***-Pilot (VFR only)  |                                      

 
 
 

Indiana Scanner Laws

Post by Roger Dierc » Fri, 09 Dec 1994 10:11:25

Here's the actual text from the Indiana state statutes regarding possession of
a portable scanner. If you think that Indiana has strict laws, I understand
that police officers in Kentucky have the authority to destroy a scanner on the
spot if it's being used in a car at the time of a traffic stop. At least a bill
which would have outlawed possession of scanners in my home state of Illinois
was withdrawn by the state representative who originally sponsored it. It's
good to see that we scanner owners still have some rights in a few places.
Happy reading!

Roger Diercks
Valparaiso University
Valparaiso, IN
---------------------------------------------
IC 35-44-3-12     Unlawful use of a police radio; exemptions; "portable
                  police radio" defined

  Sec. 12.  (a)  A person who knowingly or intentionally possesses a
portable police radio commits unlawful use of a police radio, a Class B
misdemeanor.

  (b)  This section does not apply to:

    (1)  a government 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 portable police radio;

    (6)  a person who holds an amateur radio license issued by the Federal
    Communications Commission;

    (7)  a person who uses a portable police radio only in his 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
    adverti***ts 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; or

    (9)  a person engaged in the business of manufacturing or selling
    portable police radios.

  (c)  "Portable police radio" means a radio receiving set that is capable of
receiving signals transmitted on frequencies assigned by the Federal
Communications Commission for police and 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.
As added by Acts 1977, P.L.342, SEC.1.

                                 Historical Note

  Acts 1977, P.L. 342, Sec. 1, eff. Oct. 1,       IC 35-44-3-11.
1977, added this section.                         Acts 1933, c. 66, s. 1.
                                                  Acts 1941, c. 87, s. 1.
Formerly:                                         Acts 1972, P.L. 224, SEC. 1.
  IC 35-21-1-1.                                   Acts 1977, P.L. 26, SEC. 21.

                                Cross References

Sentence for Class B misdemeanor, see section 35-50-3-3.

                               Notes of Decisions

1.  In general

  This section governing unlawful use of portable police radios does not
prohibit possession of a portable police radar detection device.
Wallman v. State, App. 1981, 419 N.E.2d 1346.

2.  Notice

  Statute governing unlawful use of portable police radios is sufficiently
clear and definite to prohibit possession of portable police radios capable
of receiving local police radio communications, but does not afford adequate
notice to a person of ordinary intelligence that possession of a portable
radar detection device violates law.
Wallman v. State, 1981, 419 N.E.2d 1346.

 
 
 

Indiana Scanner Laws

Post by John Ave » Sat, 10 Dec 1994 03:10:00

JKXP> This may not be exactly true, laws may have changed, but
    >basically having a scanner in the car or on your person is a no no
    >execpt if you are:

JKXP> policeman, fireman, a goverment official, a news reporter, or
    > a ham radio operator.

JKXP>Like I said this may not be the exaclt law but it came from a
    >law student who was a scanner enthusiast.

  I'm an attorney. The above is true. There is also another legal way to
  have a scanner on your person or in a motor vehicle, that is in the
  same statute referred to above. Written authority from a chief law
  enforcement official. Go to your local Sheriff or Chief of Police and
  request a "Letter Authorizing Police Scanner." If you local police
  have a policy against granting such authority, go somewhere else. The
  law does NOT state it must be the chief law enforcement offical where
  you reside. The current Marion County Sheriff (and probably the
  newly elected Sheriff that takes office in January) has a policy
  against granting such permission. I went to a little town and got the
  chief of police to issue me a letter.
  Just remember the consent will expire if the Chief Law Enforcement
  Officer who signed it leaves office.
  Getting a ham license is probably the most trouble free way to have a
  scanner in your car. Now that you can get one without morse code, they
  aren't hard to get.
  DO NOT have a scanner in your car without some kind of authority. Even
  if all the frequencies programmed into it are NOT police frequencies.
  The statute says "a radio CAPABLE of receiving police radio
  transmissions.." Virtually every cop in a police car has a scanner,
  so they are all familiar with them. Possession of one illegally is a
  misdemeanor that goes on your permanent criminal history. If you've
  never been arrested, you don't have a criminal history. Don't start a
  criminal history document with a "police radio" arrest.
John

---
 t SLMR 2.1a t Gotta run, the cat's caught in the printer.

 
 
 

Indiana Scanner Laws

Post by brian varin » Sat, 10 Dec 1994 09:29:18


> JKXP> This may not be exactly true, laws may have changed, but
>     >basically having a scanner in the car or on your person is a no no
>     >execpt if you are:

> JKXP> policeman, fireman, a goverment official, a news reporter, or
>     > a ham radio operator.

> JKXP>Like I said this may not be the exaclt law but it came from a
>     >law student who was a scanner enthusiast.

Why would a news reporter be allowed to have  a scanner and a common
citizen not be allowed to have one??? News reporters have absoulutely no
connection to public safety. Can reporters help in a natural disaster,
NO! And what would prevent me from saying I'm a *** reporter?
 
 
 

Indiana Scanner Laws

Post by Gerald Schmit » Sat, 10 Dec 1994 19:40:01

News reporters have a very effective lobby and propaganda
machine. They were paying attention when this draconian law
was passed and got themselves exempted. You don't have a press
card issued by a PD reporters do. In case you haven't been paying
attention reporters are much smarter that commoners and really
should be running the government at all levels along with most
aspects of your personal life. Leaving Indiana seems a reasoable
step.

 
 
 

Indiana Scanner Laws

Post by Dan Hugh » Sun, 11 Dec 1994 23:46:46

Quote:

>Why would a news reporter be allowed to have  a scanner and a common
>citizen not be allowed to have one??? News reporters have absoulutely no
>connection to public safety. Can reporters help in a natural disaster,
>NO! And what would prevent me from saying I'm a *** reporter?

Hi Brian,
  News reporters DO have special privileges--just try to get into a
presidential press conference (or even a college football stadium press
box) without the proper credentials.
  I'd contact a local smaller radio station and offer my services
absolutely free as a spot news reporter.  Get the news director to type a
letter on the station's letterhead affirming the fact that you are a
stringer, and carry the letter in your glove compartment.  Phone in a news
tip once in a while, and who knows--they may even start paying you on a
per-story basis.  Good luck!  ---Dan

--

 
 
 

Indiana Scanner Laws

Post by Bill Sohl Budd La » Mon, 12 Dec 1994 09:14:55

: News reporters have a very effective lobby and propaganda
: machine. They were paying attention when this draconian law
: was passed and got themselves exempted. You don't have a press
: card issued by a PD reporters do. In case you haven't been paying
: attention reporters are much smarter that commoners and really
: should be running the government at all levels along with most
: aspects of your personal life. Leaving Indiana seems a reasoable
: step.

A far less onorous way than leaving the state would be to look
into getting your "no-code" amateur radio license.  For over
two years now the "technician" class amateur radio license which
grants operating privaledges for all amateur bands over 50.0MHz
has been attainable without needing to know morse code.

To look into getting a license (the regulations, operating rules,
safety rules and some electrical/electronic theory are tested
by way of a multiple choice test) buy a copy of "Now You're
Talking" from the ARRL (1-800-32NEW-HAM) or it can also be
found at almost any Radio Shack.  Cost is $19.  The book contains
all the study information you need to pass the test.

Just as the Indiana law exempts hams, every other similar law
(about 5 or 6 other states prohibit scanners in autos) in those
other states also exempts hams.

Of course once you get a ham license and can operate on the 144MHz
band and other bands with their many repeaters you may never go
back to just being a scanner listener:-)

Look into it, the test isn't hard at all given a few evenings
of study.  If you've got any electrical/electronic knowledge at all
you'll find you need only study the rules and regulations.

--

Budd Lake, New Jersey