Indiana Scanner Law Information

[KI6CPL]

Greetings all --
My wife and I are road tripping back to Indy for the race in May. I read that mobile scanning is illegal in the state. I was wondering if there is any problem using a scanner on the race track grounds? Also, is there some sort of temporary permit available for visitors so that a scanner may be used? I hope to be doing some railfanning while in the Indy area and the portable would be a big help.

Thanks in advance for any info you may provide

Norm

 

[retroactiv]

I've scanned at the race for the brickyard and USGP (good luck with that one unless you are bilingual)... But it is great and the raceway I feel acually pushes it, meaing they like people to scan and listen to the cars.

I use a scanner in my car, and have been pulled over and the police didn't say anything... I was even listening to them run my plates and my licence... If it is illegal which I don't think it is they don't get there "panties in a bind" over it.

 

[KR4BD]

retroactiv...

You were lucky to have a nice cop ignore your scanner. About 20 years ago, I was travelling on US40 west of Richmond with an installed scanner and ham gear. Naturally, my car looked like a porcupine with all the antennas, too. At the time, I was pulled well off the road, on a turnout, talking to someone on the two-meter ham band when an ISP unit pulled in right behind me and wanted to know what I was doing. He saw all the radios, and asked me about the scanner (which wasn't even on at the time). When I explained I was a ham radio operator he asked to see my DL and Ham License. He went back to his car and called it in and when he returned, he told me to "have a nice day". He also mentioned that I could have a scanner in my car since I was a licensed ham.

I know for a fact that Indiana law prohibits the use of scanners in vehicles unless you have a ham license or other special permission from a law enforcement agency.

 

[GTO_04]

It would be interesting to see the fan reaction if the Indiana anti-scanner law was enforced at the track! Technically there are thousands of lawbreakers there with their scanners. And I would bet that very few of them have a ham license. Technically you are violating the law if you bring a scanner into the track. And yes, the law does apply to scanners carried by pedestrians too.

I have never heard of anyone being arrested at the track with a scanner. That doesn't mean it hasn't happened though. You will probably be OK, unless you run into a cop with an attitude. They do conduct sobriety checkpoints and will nail people with scanners.

GTO_04

 

[retroactiv]

Found the law... were all safe for this reason, as long as you aren't doing illegial activities...

This is what protects all of us that use scanners in the state of Indiana
(b) Subsection (a)(1) and (a)(2) do not apply to: ...(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.



IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental 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 police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's 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 advertisements 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;
(9) a person engaged in the business of manufacturing or selling police radios; or
(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.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

 

[racin06]

Found the law... were all safe for this reason, as long as you aren't doing illegial activities...

Not true. You are not interpreting the law incorrectly. Go here for additional information: http://www.afn.org/~afn09444/scanlaws/scanner5.html

This is what protects all of us that use scanners in the state of Indiana
(b) Subsection (a)(1) and (a)(2) do not apply to: ...(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

Same as above. Indiana has one of the most restrictive scanner laws in the U.S. This is one more reason to get your Ham ticket.

 

[retroactiv]

I looked at that link and it is just exactly what I have posted. I personally think it would be hard to prosucute this becuase of

(b) Subsection (a)(1) and (a)(2) do not apply to: ...(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

I'm not a lawyer but I think this really speaks for it's self.

as long as you aren't doing anything illegial then they can't do anything to you... I know I wouldn't arrest someone for having a scanner unless they were using it for illegial activites, also It is only a Class B misdemeanor... I doubt if you did something illegial unless it was a misdemeanor it's self that they would even charge you with it.

 

[racin06]

I looked at that link and it is just exactly what I have posted. I personally think it would be hard to prosucute this becuase of

(b) Subsection (a)(1) and (a)(2) do not apply to: ...(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

I'm not a lawyer but I think this really speaks for it's self.

as long as you aren't doing anything illegial then they can't do anything to you... I know I wouldn't arrest someone for having a scanner unless they were using it for illegial activites, also It is only a Class B misdemeanor... I doubt if you did something illegial unless it was a misdemeanor it's self that they would even charge you with it.

We can agree to disagree; however, I can tell you that people have been and will continue to be prosecuted for illegal scann possession in Indiana. Sure, I don't believe that the prosecutions are high in numbers because police officers are probably not strictly enforcing the law.

By the way, a Class B Misdemeanor can get you up to 6 months in the slammer:

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).

 

[GTO_04]

I looked at that link and it is just exactly what I have posted. I personally think it would be hard to prosucute this becuase of

(b) Subsection (a)(1) and (a)(2) do not apply to: ...(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

I'm not a lawyer but I think this really speaks for it's self.

as long as you aren't doing anything illegial then they can't do anything to you... I know I wouldn't arrest someone for having a scanner unless they were using it for illegial activites, also It is only a Class B misdemeanor... I doubt if you did something illegial unless it was a misdemeanor it's self that they would even charge you with it.

That wording of that section is vague, but the cops will still bust people for having an illegal scanner. They'll just say "fight it in court if you don't like it." Lawyers and lots of $$$ will be involved then. Most people don't know any better and will not fight it.

GTO_04

 

[dlbrock]

I grew up in Kokomo (45 miles north of the track) and have gone to a lot of races held in the area over the past 30 years. Scanners and racing go hand in hand. The police have bigger fish to fry than to worry about someone with a scanner either coming to the track, leaving the track or at the track. Now if you are drunk, driving and fighting with a police officer and you happen to have a scanner on in your car. Then you will probably get a ticket for the scanner among other things.

 

[FD_1226]

This past summer I had a run in with my school police and my scanner. they got really pissy with me and were making a big deal out of the law. As some have said it really depends on the officer that you interact with. The few city officers Ive had dealings with couldnt care less.

 

[sean8402]

the way i understand it is that you can carry a scanner if you not using it to evade police or get in their way, but i may be wrong, i'll have to ask a sheriff buddy of mine next time i see him

 

[dlbrock]

In an effort to get an official response to our questions here, I have forwarded the question to a friend of mine that is an Indiana Superior Court judge. I will post his response when I get it.

 

[trido]

NOt in Indiana

the way i understand it is that you can carry a scanner if you not using it to evade police or get in their way, but i may be wrong, i'll have to ask a sheriff buddy of mine next time i see him

In Indiana you can not walk out side with a handheld scanner also NO MOBILE scanners allowed either.

Unless news media, ham radio operator( keep copy of lic in car ) or sell them at a store.

 

[jlmeade741]

About 10 years ago I used to be a volunteer in Howard County. It required no special permits for the two-way radios that I had in my vehicle. But for the scanner, it required a permit to use. The permit had to be signed by the police chief, sheriff, ema director and fire chief. Then you could only monitor on scanner the frequencies that each agency would allow (identified on permit). The funny thing the two-way radio that I personally owned was programmed to work on far more frequencies that I could listen to on scanner. Just had to hit the scan button on two-way, no questions asked. Go figure.

 

[RevGary]

Does ANYONE who resides in Indiana have one of the free MICHIGAN Mobile Scanner Permits as issued by the Michigan State Police Communications Division in East Lansing ... IF SO, have you ever been stopped in INDIANA and shown the officer your MICHIGAN Permit? What was the outcome? As I understand it, Indiana permits, if issued at all, are issued for LOCAL areas and if you travel outside of that area, you may be in violation again. Does the STATE of INDIANA issue STATEWIDE PERMITS as Michigan does or is it at the discretion of LOCAL officials ONLY? Correct me if I'm unclear on the Indiana law, but if you have a Michigan Permit IN Indiana and get stopped, the officer would at least know that you have been given a background check by the Michigan State Police. Even though the permit is not valid in Indiana, the fact that you were "checked out" by the Michigan State Police COULD possibly be a positive factor for you... (just wondering out loud...???).

 

[GTO_04]

I find this section at the end of the statute to be intriguing:

The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

So theoretically I should be able to take a base station, use the AC adapter, plug it into an inverter, and then into the cig. lighter plug. You could argue that this setup (base station and AC adapter) was designed for use only in a dwelling. And is there even a legal definition of "dwelling?" What about a mobile home??? A lawyer could have fun with this one! If a case was dismissed based on that wording, I imagine the general assembly would strike that last sentence from the law in a hurry!

I doubt this scanner law has ever been challenged in court. Under the Federal Communications Act of 1934, states do not have the authority to regulate radio receivers. I suppose the state courts will find some convoluted reasoning to go around that. The appeal would have to reach the federal level to have any chance.

As far as the Michigan permit, it is entirely up to the law enforcement officer. If he's having a bad day, the scanner owner is in big trouble. I doubt the Michigan permit would have any legal standing here.

GTO_04

 

[KI6CPL]

Thanks all

Thank you all for your input I sent an e-mail to the Indy PD about possibly getting a permit to at least listen to the Fire Department frequencies. Being a member of the Peninsula Fire Buff Club in the San Francisco area I thought that might be interesting. I have received no response from them to date. This is a good reason to go for my ham ticket before the trip. And I can listen in our hotel room in the evening

Best regards

Norm
--
Like trains? http://www.trainweb.org/normsrailphotos

 

[dlbrock]

Sorry to keep anyone hanging...

I sent an enquiry to a friend of mine that is an Indiana Superior Court judge and unfortanately he has not responded. I know his job keeps him extremely busy so I won't hound him about it. Many of us have tried to get official responses from the police, fire and judges with no avail. Maybe there is a reason for this. Maybe the law itself is vague and the interpetition is left up to the officer / judge. Hopefully none of us end up in that situation.

If he does respond, I will let everyone know.

Regards,

Doug

 

[N9HQW]

Heres a scarry one.

I got pulled over last night for speeding, which I probably was, but the first words out of the officers mouth were " what's with the scanner? ". My reply was, I am an Amature Radio Operator. His reply, "does that give you a right to have a scanner in your car? ", I said yes, I belive so. He then gave me a gruff "well I don't think so " and went to his car for the ticket writing. About 10 minitues later he returned and asked to see my ham license, he then told me he was going to contact the prosecutor tomorrow and see if he should impound my radios and arrest me. I am supposed to goto the police station today to give him a copy of my ham license at which time he will let me know. I am sure that I am in the right and he is just ignorant to the law, but small town rules sometimes outweigh the law. All I can say is be carefull what you do and how you do it. By the way, I didin't even get a writin warning, he just told me to slow down and I'll see you tomorrow. I guess I shouldn't be scared, but I am a little. I'll let you all know the outcome. 73's