Portable scanners?

[Stavro35]

Who in the world allowed a law to pass forbiding even people carring portable scanners with them? I hope this person was or will be given the boot by you that can vote this person out. And tell them why. ..Can you say POLICE STATE!?


Steve
Bainbridge island Washington formerly of Saint simons island Georgia

 

[scannerfreak]

Huh??

 

[maddogdecker]

yeah huh??

 

[usswood]

Who in the world allowed a law to pass forbiding even people carring portable scanners with them? I hope this person was or will be given the boot by you that can vote this person out. And tell them why. ..Can you say POLICE STATE!?


Steve
Bainbridge island Washington formerly of Saint simons island Georgia

Maybe a political statement ??

 

[JoeyC]

Somebody, in another forum told him (wrongfully?) that it was illegal to have a scanner in public in the state of INDIANA.

 

[usswood]

Somebody, in another forum told him (wrongfully?) that it was illegal to have a scanner in public in the state of INDIANA.

Someone in another forum told him correct!!!, it is illegal. There are exceptions to this law as has been discussed in other threads

http://www.radioreference.com/forums/showthread.php?t=29849

 

[JoeyC]

Someone in another forum told him correct!!!, it is illegal. There are exceptions to this law as has been discussed in other threads

http://www.radioreference.com/forums/showthread.php?t=29849

I was just informing the "huhs" about where his rant came from. I have no idea about your silly Indiana scanner laws, if they are indeed prosecutable.

 

[usswood]

I was just informing the "huhs" about where his rant came from. I have no idea about your silly Indiana scanner laws, if they are indeed prosecutable.

LMAO

 

[K9GTJ]

Yes, all those NASCAR and Indy Car fans are goin' to jail for having a scanner.

 

[Go-24]

Yes, all those NASCAR and Indy Car fans are goin' to jail for having a scanner.

I doubt they will be doing time, but IF and thats a big IF the authorities wanted to press the issue they could confiscate a butt load of scanners.

 

[holeinace]

I think it is a law that was INTENDED to keep criminals from using a scaner to evade police or to keep people from being nosy and getting in the way of police business. As long as someone is not using the scanner for those reasons I do not think otherwise law abiding people are going to be harassed.

 

[usswood]

I think it is a law that was INTENDED to keep criminals from using a scaner to evade police or to keep people from being nosy and getting in the way of police business. As long as someone is not using the scanner for those reasons I do not think otherwise law abiding people are going to be harassed.

That's all good in Mayberry where Andy is Sheriff and the peace maker only made sure of the peace and nothing else. Police now are trained to make an arrest. If you have a dealing with an individual they have done something and it is there job to find out what. I bet you would at least be given a ticket and your scanner taken, especially in some of these small hick towns across this state.

 

[GTO_04]

That's all good in Mayberry where Andy is Sheriff and the peace maker only made sure of the peace and nothing else. Police now are trained to make an arrest. If you have a dealing with an individual they have done something and it is there job to find out what. I bet you would at least be given a ticket and your scanner taken, especially in some of these small hick towns across this state.

I agree. You need to write your legislator and/or get your ham license. Oh, and also keep a copy of the state scanner law with you so you can prove the ham exemption.

GTO_04

 

[dispatch]

Ham Operator Prosecuted

I know of one case in Indiana where a licensed amateur radio operator was stopped for DWI. He had a scanner in the car and was also charged for illegal possession of a scanner.
It appears this was his second DWI making the new charge a felony, so it was construed, he possessed the scanner while committing a felony. His radio was confiscated but was returned after the case was adjudicated.

 

[n1das]

Someone in another forum told him correct!!!, it is illegal. There are exceptions to this law as has been discussed in other threads

http://www.radioreference.com/forums/showthread.php?t=29849

How does Indiana get around the "It shall not be unlawful..." clause in Public Law 99-508, The Electronic Communications Privacy Act of 1986 (ECPA'86)?

ECPA'86 specifically states that "...it SHALL NOT be unlawful to intercept..." certain radio transmissions made from various sources, one of them specifically being POLICE and fire emergency services. ECPA'86 doesn't specify WHICH radio transmissions made by police shall not be unlawful to monitor. ECPA'86 simply says that it SHALL NOT BE UNLAWFUL to montitor them, period. IOW, federal law specifically states that it shall not be unlawful to monitor radio transmissions made by police. This would seem to directly conflict with state laws that try to prohibit reception of radio transmissions made by police.

When out in public with your handheld scanner and listening with a set of headphones so that only YOU can hear what's coming out of your scanner, the scanner is STILL technically illegal in Indiana, according to how I read it. Maybe I'm reading it wrong. It looks like the law bans the receiver but doesn't prohibit reception to avoid conflicting with federal law. However, the intent of state law appears to be very clear: To prohibit reception of police radio transmissions, something that ECPA'86 specifically says SHALL NOT be unlawful to receive.

In this situation, there's no issue with equipping a motor vehicle with a scanner since there's no vehicle involved. How does Indiana get around ECPA'86's "it shall not be unlawful" clause in this situation?

 

[KC0UWS]

Huh? Doesn't make sense

 

[caylorman]

Is it illegal? Technically, yes. But rememeber, to be trully illegal the laws have to be enforced. On many occasions, in my small, partially hick, hometown police have pulled up next to me while parked trackside watching trains with my portable scanner sitting on top of my car. The only thing they asked was if I need a tow truck. This was before my amateur radio license, so I could have techincally been cited had they wanted to enforce that law.

I'd rank it with some of the more obscure laws Indiana has (some not suitable for this forum). I've never been afriad to have a portable scanner with me, ham ticket or not....

 

[kb9sxk]

I know of one case in Indiana where a licensed amateur radio operator was stopped for DWI. He had a scanner in the car and was also charged for illegal possession of a scanner.
It appears this was his second DWI making the new charge a felony, so it was construed, he possessed the scanner while committing a felony. His radio was confiscated but was returned after the case was adjudicated.

Sounds like the radio was considered to be used in the furtherance of a crime.