W9NES
Member
Police scanner apps illegal in Indiana - 13 WTHR Indianapolis. For all of you that have scanner apps on a cell phone.You might want to read this .
I think you may have missed the point. Make it illegal to provide the service to the app. It has to be stopped at the source or it will never end until it's too late.4th amendment protects you from unlawful search and seizure, like the cops searching your smartphone without probably cause, and what would be the probably cause to suspect you had this app?
That's a 5-year-old article.
Name one case where Indiana's scanner law was used to convict someone for the use of a scanner app on their smartphone. In the Muncie pharmacy robbery that was mentioned in that article, one of the perpetrators was charged by the police with violating Indiana's scanner law, but that charge was later dropped by the prosecutor once he determined that he had a case against the individual on other charges.
No, it's not. The document you linked to, which is not an official reference for Indiana statutes, is a reprint IC 35-44-3-12. Indiana Code Title 35 Article 44 (IC 35-44) was repealed in its entirety in 2012.http://www.w9tca.com/w9tca/Files/Doc/Training02/Indiana Scanner Law.pdf. This is the current Indiana scanner law in the state of Indiana.
It was widely reported 5 years ago that the prosecutor in that case dropped the scanner law charges and proceeded with other charges. I'm still waiting for you to provide a reference to any case where Indiana's scanner law was used to convict anyone for using an app on their phone to listen to the police.In the Delaware county case 35-44-3-12 section (3) (A) (B) and (C) would apply to this case.
The current law does make reference to "police radio" and goes on to define it thusly:Under(Sec 3) paragraph (C) "The law is very clear on this, Quote"Commits unlawful use of a police radio, a class B misdemeanor"
A smartphone can't receive signals transmitted on frequencies assigned by the FCC for police emergency purposes. A smartphone receives signals transmitted on frequencies assigned to cellular telephone common carriers, not the police.(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...
...A smartphone can't receive signals transmitted on frequencies assigned by the FCC for police emergency purposes. A smartphone receives signals transmitted on frequencies assigned to cellular telephone common carriers, not the police.
4th amendment protects you from unlawful search and seizure, like the cops searching your smartphone without probably cause, and what would be the probably cause to suspect you had this app?
I don't dispute that Indiana law prohibits scanner radios, aka "police radios" as defined in the law, in vehicles, except under certain circumstances. However, the OP's premise is that scanner apps on smartphones are illegal under Indiana's scanner law. I'm not sure that's true.However I hear a few times a year where ISP has confiscated scanners from truck drivers. One not too long ago. That scanner ended up at a police station for their use. The driver was given a choice, give it up or be charged.
I don't dispute that Indiana law prohibits scanner radios, aka "police radios" as defined in the law, in vehicles, except under certain circumstances. However, the OP's premise is that scanner apps on smartphones are illegal under Indiana's scanner law. I'm not sure that's true.
I don't dispute that Indiana law prohibits scanner radios, aka "police radios" as defined in the law, in vehicles, except under certain circumstances. However, the OP's premise is that scanner apps on smartphones are illegal under Indiana's scanner law. I'm not sure that's true.
According to two people I spoke to today the apps fall under the same laws as scanners. To add to it, the one is a prosecutor and stated that the audio transmission is the issue when it comes to the Apps not the frequency. 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.
According to two people I spoke to today the apps fall under the same laws as scanners. To add to it, the one is a prosecutor and stated that the audio transmission is the issue when it comes to the Apps not the frequency. 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.