Indiana scanner legality questions

TrenchFeeder · #1 (**permalink**) 10-09-2009, 06:28 PM

Hello, I am a delivery driver from Illinois, and my route takes me through some of the worse parts of Gary, and I have been using a police scanner in my car for about a year now to avoid any areas where there may be dangerous suspects at large or shooting what have you. However it has recently come to my attention that this may be illegal in Indiana, to use a scanner while in my car. I was curious if anyone could clarify the laws of scanning in Indiana for me, so I don't get my expensive hand held confiscated.

dkemple1 · #2 (**permalink**) 10-09-2009, 06:34 PM

To my knowledge it is illegal to carry a scanner in your vehicle unless you have a HAM license or permission from the police.

TrenchFeeder · #3 (**permalink**) 10-09-2009, 06:37 PM

I was afraid that was the answer. I guess I could have my boss contact Gary police and explain the situation, because I do stick out like a sore thumb in the city, and am a prime target for carjacking or robbery in a marked delivery vehicle driving after midnight

dkemple1 · #4 (**permalink**) 10-09-2009, 06:41 PM

SCANNER LAW QUESTION --- There is a sticky on this same forum that has the answers you need. SCANNER LAW QUESTION is the header.

W9NES · #5 (**permalink**) 10-09-2009, 07:27 PM

.* Indiana Scanner Code IC(Indiana Code) 35-44-3-12.It is illegal to have a police scanner in your car, truck, without a letter from The Chief Law Enforcement Officer in your county.This could be the Sheriff,Chief of the City Police, or a letter from the Head of the Indiana State Police.If you are a Ham Radio Operator you are exempt from this law and you carry a vaild copy of your FCC license in your wallet*.I would recomend that you look up IC 35-44-3-12 on line and read the law.

W9RXR · #6 (**permalink**) 10-10-2009, 05:24 AM

Here's a link to Indiana Code Title 35, Article 44, Chapter 3.

Indiana Code 35-44-3

Scroll down for Section 12.

enki042000 · #7 (**permalink**) 10-10-2009, 02:39 PM

Are you in a Commercial Motor Vehicle? If you are, then i believe that it is against Federal Regs to have a scanner in your CMV even if you have a ham ticket.I have a ham ticket and was told that I still was not able to have a scanner in my CMV.I would still like to know the reg. for CMV's one way or the other. But in your personal vehicle the Indiana code is pretty clear.
John
KC9QIY

djl998 · #8 (**permalink**) 10-11-2009, 04:42 AM

As others have said, it is illegal to have a scanner in your vehicle without a ham license or police permission. Frankly, though, the idea that having a scanner will prevent you from being the victim of a crime is kind of absurd. It's a radio, not a crystal ball.

holeinace · #9 (**permalink**) 10-11-2009, 09:35 AM

If you are looking for a little added protection, I would suggest a legal firearm and proper permit.

MPSCS · #10 (**permalink**) 10-11-2009, 10:17 AM

Quote:

Originally Posted by holeinace

If you are looking for a little added protection, I would suggest a legal firearm and proper permit.

Excellent suggestion, but make sure your employer does not have a policy against doing so.

pliquett · #11 (**permalink**) 10-11-2009, 10:37 AM

Most employers will not allow you to carry a gun even if you have a permit, it has to do more with liability. If you shot someone while working for them then they can be held accountable. As far as in a CMV I believe as long as you are not using it to commit a crime or to avoid capture you should be ok. I have never had an issue while driving throughout the midwest. My scanners probably have a million miles on them. Like with anything else use your head and you should be fine.

TrenchFeeder · #12 (**permalink**) 10-11-2009, 05:22 PM

Quote:

Originally Posted by djl998

Frankly, though, the idea that having a scanner will prevent you from being the victim of a crime is kind of absurd. It's a radio, not a crystal ball.

Actually Thursday, I avoided a car chase and a police shooting. So I'd argue it works. Although i understand what you are saying, it at least FEELS safer.

As for the fire arm. I'm pretty sure CCW permits are completely illegal in Illinois, there would be no way I could get one, besides I thought it was a federal offense to transport a weapon across state lines?

My vehicle is not a normal CMV, It's my personal car, with a sign in the window. If I was in a car I did not have to drive home in, I could care less, but the fact that I'm putting my own property at risk, is why I'm concerned. Especially being that I am white, with out of state plates, like I said, I stick out ALOT after dark.

I had my boss mail a letter to the Sheriff of Lake County, explaining the situation, based on the reply I receive, I plan to try the IN State Police and even Gary if that's what it takes. My company has been around since the 70's and most of the local police on our routes know who we are, so I am fairly confident in a good response.

thanks for all the info

I was reading the laws, and they are worded strangely but if I understand this line correctly, as long as I am not committing a crime, I should be safe?

(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.

I could be wrong, but that is what I get from this. However like I said, this is laid out strange and worded vaugely, I'm guessing on purpose

W9NES · #13 (**permalink**) 10-12-2009, 09:41 AM

If you get a letter from the Indiana State Police or Lake County Sheriff it will say thank you but* we cannot allow you to do this*.If you have a Ham Radio License you will be legal to carry in Indiana.Also carry a copy of Indiana Code(IC 35-44-3-12) with you at all times.I do in my car just in case.

drunyon · #14 (**permalink**) 10-12-2009, 10:48 AM

What if the guy carried a Blackberry with the BBScanner program running and tuned in to a feed from the area in which he is traveling?

Is that considered a "scanner"?

W9NES · #15 (**permalink**) 10-12-2009, 01:23 PM

Indiana Law is very clear on this--Look at Indiana Code 35-44-3-12 and read the entire law.If it picks up Police radio traffic and you either do not have a letter from The Chief Law Enforcement Officer at the county or State level it would be in violation of the scanner law.Only people that can have them and be on the legal side of the law is Ham Radio Operators,Newsmedia with current ID that says they are affilated with The Newsmedia. or people who are involved in Emergency Services(Volunteer Fire,etc).A Police Officer who saw this item would have to enforce the IC code on this matter at hand.Please feel free to check with a County Prosecutor or any Police Officer on this.

davidwild · #16 (**permalink**) 10-12-2009, 01:26 PM

This is an interesting point! By the definition of "police radio" in the law:

(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.

it seems that it is illegal to carry an iPhone or a blackberry in a car at all, as these are radio devices that are capable of picking up signals transmitted on the frequencies... indeed it would be even illegal to carry a laptop computer! However, if we assume that the law is not going to be interpreted in that way, then I think this might be a workable option. I suppose some lawyer could argue that installing a scanner feed app was tantamount to modifying the device to be a "police radio" but that would be pushing it rather. There is a very nice iPhone app called EmergencyRadio that includes many of the radioreference / scanamerica scanner feeds

davidwild · #17 (**permalink**) 10-12-2009, 01:30 PM

Actually, I just saw the following in the list of exemptions that I never saw before:

(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

I'm not really sure what this is intended to mean?

MPSCS · #18 (**permalink**) 10-12-2009, 01:31 PM

Michigan used to have a very similar law. However, you could obtain permission from the State Police Chief simply by requesting it. There was no fee, no special requirements, and they sent you a signed permit. Most likely they just checked your background to make sure you did not have any criminal history.

W9NES · #19 (**permalink**) 10-12-2009, 01:53 PM

The head of The Indiana State Police will never grant a permit to monitor to fall under IC35-44-3-12.It has been tried in the past and all you get back is a letter saying thank you for your letter but The Indiana State Police will not grant this request.Also Most County Sheriff Departments across The State Of Indiana will not grant a permit.Unless you are a Ham Radio Operator. EMT, Firefighter(Either Paid or Volunteer) or a Regular Employed Police Officer.or a EMA Director.If you do not fall under those titles stated above you are breaking the written law.This written law is on the books and is being enforced across the state.I have heard from others across this state that there are numeious police officers who are taking these radios putting them into the "Property Room" and placing the owner under arrest and taking them to jail.You will not get the radios back.They are sold at The County Police Auction" and the money that they get for that property is put back in the countys general fund.I have been to a lot of Police Auctions in the past including the last one in Indianapolis at The Indianapolis Post Dist 52 which has been many years ago.I saw numerious items that had been taken from others like Emergency Lights Red/Blue, Radios, ect that could not be retruned to the owner and were sold to the General Public at Auction.

GTO_04 · #20 (**permalink**) 10-12-2009, 01:55 PM

Quote:

Originally Posted by davidwild

Actually, I just saw the following in the list of exemptions that I never saw before:

(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

I'm not really sure what this is intended to mean?

That's just the point. The law is vague on purpose, so it can be interpreted narrowly if the LEO feels if it is
"necessary." Aka discretion. That is why one is better off with a ham license. The ham exemption is more explicitly listed in the law.

GTO_04