I posted something similar in another forum awhile back, but didn't get a real clear answer. Is there anything prohibiting mobile/portable use of a scanner in Michigan, or should I leave it packed on my way up? I'll be traveling to Alger County for vacation. Thanks in advance
Michigan scanner law
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zeitgeist999
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It appears the old scanner permit issued by the Michigan State Police is no longer required to have a scanner in your car. New Michigan Scanner Law Coming
mikey60
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The law was changed in 2006. Basically you can have a scanner anywhere in Michigan, including in a vehicle, as long as you are not using it in the commission of a crime and you have not been convicted of a felony in the last 5 years.
Mike
Mike
Thank you so much, that's what I was looking for. Just someone confirm it. Because I've read the law many times and it was confusing, but that's how I thought.
mikey60
Member
Please note that the last I knew, the city of Livonia still has a law on the books that was a near mirror of the original state law, except it didn't contain the provision for a permit, or for an amateur radio license.
I don't know if that law is still on the books there or if the city enforces that law if it is, but beware. That law was basically that scanners in a vehicle are illegal. Beware if you travel through Livonia.
Mike
I don't know if that law is still on the books there or if the city enforces that law if it is, but beware. That law was basically that scanners in a vehicle are illegal. Beware if you travel through Livonia.
Mike
The language in that ordinance is pretty much identical to the way the state law read at that time. Unfortunately, they didn't change it when the state law changed.
Not sure why they felt they needed an ordinance that said the exact same thing as an already existing state law. If someone violates the ordinance (civil infraction), they are also violating state law (misdemeanor); so do they get charged with both? Seems like a waste of time and energy. But then that's politics, I guess.
Not sure why they felt they needed an ordinance that said the exact same thing as an already existing state law. If someone violates the ordinance (civil infraction), they are also violating state law (misdemeanor); so do they get charged with both? Seems like a waste of time and energy. But then that's politics, I guess.
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Many municipalities do that. The purpose is to be able to charge a person and subsequently deal with that charge in a municipal court without going through the higher courts which ends up being more time-consuming and expensive. Usually, it's done with traffic offenses but frequently it spills over into other areas. The municipality also gets to collect any fines attached to the charge.
And no, it can only be one of the laws, not both. Otherwise, it's double jeopardy.
Most cities have ordinances duplicating most state laws. When local police charges you with an ordinance violation the entire process is handles by district court and all fines go to the city directly.
They only duplicate the relatively minor crimes. Serious crimes such as murder, rape, robbery, etc., are considered crimes against the state. That allows the government to prosecute them even if the victim can't or won't testify. Municipalities are not allowed to prosecute them.
Michigan Scanner Law
State Law trumps local ordinance every time, new law voided Livonia's local ordinance when it was enacted.
State Law trumps local ordinance every time, new law voided Livonia's local ordinance when it was enacted.
Not always. Only if the ordinance conflicts with the state law will it be voided. If the dual-law concept wasn't allowed, cities could not have their own traffic laws since they're usually duplicates of the state law. In many cities, an ordinance dealing with traffic specifically adopts the state law as the local ordinance. The only difference is the fact that most city courts have limits on fines that are lower than state courts where the state offense would be heard.
In this case Livonia's ordinance concerning scanner radios in a motor vehicle is in conflict with the current state law, so it is not enforceable.
Then that settles it.
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