Police Scanner Apps illegal in Indiana

[Cameron314]

He also stated that any radio capable of transmitting on a public safety frequency is another issue. All those cheap Chinese radios could get you in trouble whether the frequencies are programmed or not because they are capable of transmitting on public safety frequencies. Being a "ham" won't save you on this one either in Indiana. So don't leave home with your Baofeng and similar as they can transmit on public safety frequencies.Turns out they have had a few they have confiscated already but he wouldnt go into details.
The last thing he said is each county, or even department and prosecutor may handle it differently.

Somehow I don't think that would fly, at least very far. That would prohibit really any radio, even those operating on a properly licensed system. The federal government has made it fairly clear over the years that they, not the states or any subdivision of control assignment of frequencies and other aspects of operations of radio stations leaving very little to the state's (zoning ect and even that sometimes has limits placed upon).

 

[KK4JUG]

Somehow I don't think that would fly, at least very far. That would prohibit really any radio, even those operating on a properly licensed system. The federal government has made it fairly clear over the years that they, not the states or any subdivision of control assignment of frequencies and other aspects of operations of radio stations leaving very little to the state's (zoning ect and even that sometimes has limits placed upon).

You make a good point. With that in mind, perhaps the states are only allowed to regulate what happens as a result of the illicit use of the radio, not the use or possession of the radio.

 

[Viper43]

Not ALL are capable of transmitting on PS frequencies. In fact most are not. Many can "hear" on PS frequencies but are not capable of transmitting in those spectrums, which is a big difference.

 

[Cameron314]

Not ALL are capable of transmitting on PS frequencies. In fact most are not. Many can "hear" on PS frequencies but are not capable of transmitting in those spectrums, which is a big difference.

UMM what now? This makes no sense.

 

[INDY72]

If an actual radio, not just an scanner can hear a freq, it can talk on it. No matter if it is TX inhibited, or not, it has been designed so it can use the freqs it is programmed with, thus it is covered by IN law. It is up to each individual LEO to decide if they wish to make the citation/arrest. And then it is up to the Prosecutor to go the next step. Feds matter not in the process unless you can afford to go to the Federal Court level in the appeals process, or it was an Federal LEO that popped you. That is the reality.

 

[AK9R]

A reminder: This thread is about scanner apps on smartphones and how Indiana law applies to those apps. Scanner radios and transceivers programmed with public safety frequencies are off topic for this thread.

 

[Rred]

IIRC, even in New York, the use of scanners (and radar detectors in commercial vehicles) is regulated as a provision of the motor vehicle licensing laws, i.e., you consent to the restriction as part of the terms of your license, which is a privilege not a right.

Every once in a while some jurisdiction tries to play too cute about something that's involving a "radio" receiver, and it winds up taking ten years but goes up to the US Supreme Court, who then remind folks that the FCC pretty much have the exclusive right to regulate radios, and that since the FCC doesn't ban that use...game over. (Which is why NY cleverly did not pass a general law, but a motor vehicle license gotcha.)

I think it was in the 80's that they spanked CT for a radar detector ban on exactly those grounds. How VA (and VA alone) still has one, eludes me.