Scanner Laws in the US

Karen St John

Karen St John

EF3
Joined
Mar 23, 2009
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Location
Ypsilanti, MI
In one of our recent threads, a side discussion mentioned possible issues of legality with having a radio scanner in one's automobile. I'm sure I'm not the only person who has such a scanner in their vehicle; in fact, it's darn handy to know what's going on. Some states think it is too handy, especially if you have a naughty gleam in your eye about that gorgeous bank down the street...so they have strong restrictions/prohibitions on them.

Here's a link that has scanner laws as late as 2012.

http://www.afn.org/~afn09444/scanlaws/scanner5.html
 
With the possible exception of New York, as is explained in the page you link to, the easy way to handle the scanner issue in all other states is to get your ham radio license.
 
Simple solution! Don't carry a scanner in your car....Stream the live broadcast to your phone, tablet, or laptop.

I have been streaming my local scanner for the past two years. I started streaming my scanner because it was a pain to bring my scanner along with me all day. Plus I kept going into areas with limited radio reception and I missed calls. With the scanner at home, I could mount the radio on a fixed point and always get great reception.

There are many streaming sites and app downloads on the web....I use http://www.radioreference.com/apps/audio
 
How can a scanner in Ames, Iowa pick up transmissions for skywarn, say in Amarillo, TX? I clearly don't understand how a scanner works... Just bought one so I guess I'll be finding out.
 
TJKLECKNER said:
Simple solution! Don't carry a scanner in your car....Stream the live broadcast to your phone, tablet, or laptop.
Click to expand...

Not a simple solution.
the mobile phone or tablet app is illigal in your vehicle, at least here in Indiana.
It does not get covered under the scanner laws. Look it up
 
Joshua Nall said:
How can a scanner in Ames, Iowa pick up transmissions for skywarn, say in Amarillo, TX? I clearly don't understand how a scanner works... Just bought one so I guess I'll be finding out.
Click to expand...

It can't unless you are near Amarillo.

James Hilger said:
I wouldn't let them search car to begin with. I doubt they could get a judge to sign a warrant either.
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If they can see it, they don't need a warrant. Same as with drug stuff sitting out.

Simpler solution, don't get pulled over.
 
The interpretation of scanner law to include apps capable of listening to streamed sources seems an improbable overreach to me. The issue with respect to Indiana law apparently involves a particular case a few years ago where a a robbery getaway driver in Muncie was caught listening to the local police stream using an app on his cell phone. He was initially charged with an additional count of "unlawful use of a police radio". This charge was dropped before going to court.

The arresting detective made comments to the media interpreting the statute as extending to mobile apps in his opinion. The statute itself defines a police radio as a device capable of receiving or transmitting on frequencies assigned to police by the FCC. Phones and tablets clearly are not capable of receiving those frequencies -- only frequencies assigned to wi-fi and cell bands.

Jumping beyond the arguments that the police themselves are making their streams available to the internet and that this interpretation would make possession of the app on any mobile device illegal in Indiana, the simplest argument is this.... Any mobile phone is (obviously) capable of receiving and transmitting in the assigned cell bands and, usually, wi-fi as well. If possession is the determinative issue then everyone is breaking Federal law and, thereby, Indiana law as well.

All in all, an absurd interpretation IMHO. Also, as others have said, irrelevant with a amateur radio license.
 
david diehl said:
Not a simple solution.
the mobile phone or tablet app is illigal in your vehicle, at least here in Indiana.
It does not get covered under the scanner laws. Look it up
Click to expand...

I figure if the phone or tablet is sitting on the seat or in a cup holder....and you are not trying to play with it while driving....i can't see why the officer would even notice that you were streaming the police band. Plus if you wanted to be really stelthy....use bluetooth headphones while driving. Also, most feeds have a 30 second delay from time of call, so the officer likely won't catch his call out. Plus the police have a 30 second head start on anyone trying to use the feed to break the law.
 
TJKLECKNER said:
I figure if the phone or tablet is sitting on the seat or in a cup holder....and you are not trying to play with it while driving....i can't see why the officer would even notice that you were streaming the police band. Plus if you wanted to be really stelthy....use bluetooth headphones while driving. Also, most feeds have a 30 second delay from time of call, so the officer likely won't catch his call out. Plus the police have a 30 second head start on anyone trying to use the feed to break the law.
Click to expand...

Indiana is not the only state that does this, sounds like several states view it as a scanner.

here is a link to a incident in KY

http://www.911dispatch.com/2010/11/19/police-charge-man-smartphone-scanner-apps/

just food for your thoughts, If I were you I would either get your ham ticket, and use it for more than chasing, or, just get a handheld weather radio, radio shack sells them regularly.
If you want to use these scanner apps or a scanner in your vehicle without proper documentation I will be the first to laugh at you when you start complaining about getting charged with it.
 
The Kentucky case is, IMO, an even clearer overreach. Their statute only refers to radios or other apparatus capable of receiving or transmitting within particular assigned wavelengths. What the statute does do is give police a pretext to seize, search, and upon conviction or by court order to confiscate the device.

I'm skeptical that the so-called "scanner apps" hardly ever involve any radio frequency scanning even at the servers' sources, as the article says. Rather they connect to and reroute IP streams provided by the sources themselves.

This seems so clearly un-Constitutional and invasive, that I personally don't find it amusing that someone might find themselves on the wrong side of police overreach from merely having a perfectly legal app on their mobile device. In fact it makes my blood boil.

With respect to the subject of "Equipment" -- this thread -- I'd just say again that I don't understand how these statutes can properly be applied with respect to apps on mobile devices which cannot receive proscribed radio frequencies.
 
David Wolfson said:
The Kentucky case is, IMO, an even clearer overreach. Their statute only refers to radios or other apparatus capable of receiving or transmitting within particular assigned wavelengths. What the statute does do is give police a pretext to seize, search, and upon conviction or by court order to confiscate the device.

I'm skeptical that the so-called "scanner apps" hardly ever involve any radio frequency scanning even at the servers' sources, as the article says. Rather they connect to and reroute IP streams provided by the sources themselves.

This seems so clearly un-Constitutional and invasive, that I personally don't find it amusing that someone might find themselves on the wrong side of police overreach from merely having a perfectly legal app on their mobile device. In fact it makes my blood boil.

With respect to the subject of "Equipment" -- this thread -- I'd just say again that I don't understand how these statutes can properly be applied with respect to apps on mobile devices which cannot receive proscribed radio frequencies.
Click to expand...

agreed! so clearly un-Constitutional and invasive!
 
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