So, scanning police IS legal for HAMs, right?

[MrGClips]

I'm still unsure if HAMs can or can not legally scan police and other official channels using mobile or handheld radios?

I've read lots of articles about it, most were old and unclear. Some states that it is not permitted to have a radio in the vehicle that is capable of scanning, on the other hand, it sounds silly for mobile HAM radios that are capable of course not to be permitted to scan official channels.

Is there a final decision in this matter, regarding mobile or handheld radios for scanning?

Thanks.

 

[KT4HX]

That really depends on your state. I presume you have looked at the below linked site for your state. For example, in my state of Virginia it is illegal only if the scanner is used in furtherance of a crime. A few places do have the stipulation that those with ham licenses are exempt from that state's restrictions. If I am visiting another state and I have a scanner with me, I will carry a copy of my ham license and a copy of that state's law. But honestly I have never had any issues anywhere. However, I do not openly carry a scanner in my hand while walking around either. I simply prefer to be low key in my use of scanners.

U.S. Scanner Laws

 

[AI7PM]

State by state on this one. However, the possesion of an Amateur Radio License places your equipment under Federal Purview, and overrides State Law.

The flip side of that coin is, if a Ham uses radio equipment in the commision of a crime, he/she's open to Federal Charges on top of State Charges.

 

[hfxChris]

This of course all assumes the original poster is even asking about the US

 

[WA0CBW]

It depends on the rules in the jurisdiction where you are stopped....and if you have the scanner blaring out the officer calling in your tag number. In some places a ham radio license may give you the privilege of having a scanner in your vehicle but in others it means nothing. In any case I would make sure ALL the radios are turned off.
BB

 

[KE0GXN]

Your best bet is to simply call the State you anticipate traveling through/visiting and ask.

Best I can tell there are only 5 States that indicate the use of a scanner is illegal without an FCC license or permission.

You can't go wrong by calling ahead, worse case scenario is they tell you, you can't... which beats going uninformed and getting arrested or citied and maybe getting your scanner confiscated.

 

[n5ims]

Two points:

1) Don't forget that it isn't just state laws you need to worry about. There are also county and local laws that may restrict scanner use.

2) While most scanner laws do allow a ham to have a radio that may allow them to tune to local agency frequencies, there is generally no blanket coverage for scanner use. Under the strictest interpretation, the exceptions are there to allow a ham to have one of the typical ham VHF and/or UHF radios that may have the ability for extended receive capability, that may not include a typical scanner that has no ham frequencies programmed into it (especially if the officer hears their agency's traffic being received). The question would be, just how strict will YOUR officer be (could easily be read as just how far are YOU pushing that officer - does he want to ruin your day because of your attitude or cut you a break, also because of your attitude)?

 

[KT4HX]

Unfortunately by calling you may well get someone who really doesn't know and they may well tell you no just off the top of their head as that avoids the effort to really look it up or any debating the issue. Again, don't flaunt a scanner openly and you likely will be ok. But also understand that you may risk a run-in with the law in some jurisdictions and decide whether that risk is acceptable to you.

Even with a copy of the local law on your person, there is no guarantee that a local officer somewhere might not choose to err on the side of caution and confiscate the scanner anyway. Again its simpler to do that than to spend time investigating whether its legal or not.

 

[MrGClips]

Holy shmoly!

This is exactly what I was worried about! The articles I've found dated back over a decade, and as it seems, there is STILL no protective Federal law for HAMs! That is somewhat disturbing.

What a mess!

 

[KE0GXN]

You guys make great points. Yes, aside from the State itself, municipalities and counties "may" have ordinances against mobile/public scanner use. I still think it is a good idea to call, you could always ask for their name, title, badge number, contact telephone number etc...and if stopped refer their information to the officer or person confronting you about legality of use.

Also, believe it or not it may benefit you to actually speak to the dispatcher/radio personnel within a particular jurisdiction, a lot of times they "may" know more about radio type laws than the actual officers themselves.

At the end of day, like KT4HX stated, being low-profile about it can save you a lot of unwanted grief, to include using common sense....as in there is no need in flaunting your radio or having it blaring while the officer has you stopped on the side of the road.

I would personally call before I entered any of the States I had doubts about. It would be almost impossible to call every city or county you would be traveling through, but I don't see how you would get around not taking the time to call the HP or SP in that State to at least get a yes or no...

If at a minimum, you get the wrong info from them, it will still appear you tried to comply or inform yourself when you are stopped roadside trying to explain yourself or if it gets that far.....in court in front of the judge.

 

[NWI_Scanner_Guy]

Your best bet is to simply call the State you anticipate traveling through/visiting and ask.

Best I can tell there are only 5 States that indicate the use of a scanner is illegal without an FCC license or permission.

You can't go wrong by calling ahead, worse case scenario is they tell you, you can't... which beats going uninformed and getting arrested or citied and maybe getting your scanner confiscated.

Indiana is one of those states. Along with my HP-1, I keep in my car a copy of my amateur radio license and a copy of the Indiana "law" that states it's permissible to operate a scanner in my car as long as I am a licensed amateur radio operator. I've only been pulled over once in the 2 1/2 years I've had the HP-1 in my car (for speeding), and the officer, as far as I could tell, paid the scanner no mind.

 

[BoxAlarm187]

This is exactly what I was worried about! The articles I've found dated back over a decade, and as it seems, there is STILL no protective Federal law for HAMs! That is somewhat disturbing.

Don't read more into this than you need to. Having the ham ticket will save you a lot of grief in states where you might suspect they're more strict on mobile scanner use than others. As the others said, being stealth will help as well. I've yet to have a problem traveling through KY, where mobile law enforcement scanning is verboten...granted, I might simply be lucky, but I don't advertise my mobile scanner either.

 

[kma371]

You most likely aren't going to be pulled over for your scanner use alone, so, if you do get pulled over, just turn all the radios off.

I think people read WAY more into this than necessary.

 

[paulears]

I'm amazed that Hams (and I'm a UK one) should think that they are different from any other citizen? Having a Ham license in the UK, for example, gives you access to transmit on the bands detailed in your license, and ANYONE can listen to radio broadcasts. Our law is very clear on listening to other things. Its an offence to listen to anything for which a license is not available. So for ever, listening to the police, fire and ambulance service was technically illegal. Nobody worried as long as you didn't do it for the wrong reasons, like many US state laws. The notion hams have special 'powers' to do things others cannot is silly! (and make the elitist opinions stronger!)

Here, for doing things wrong with radios means a fine and confiscation of the equipment, including any vehicle! Seems to work OK.

 

[Voyager]

2) While most scanner laws do allow a ham to have a radio that may allow them to tune to local agency frequencies, there is generally no blanket coverage for scanner use.

Both great points, but there is also the concept of Federal Preemption which says that lower jurisdictions cannot nullify a higher jurisdiction authorization.

What that means is that the states/counties/locals cannot nullify your federal license. If your scanner is part of your mobile station, it is federally licensed which means you are authorized by the FCC to have and operate it.

Granted, the fact you may be monitoring non-licensed frequencies may constitute exceeding your license authority, but in the base concept you have a federal license to have a scanner which overrides state laws.

Of course, that does not mean the states/counties/locals won't violate your rights, confiscate your scanner, and perhaps even arrest you, but you have a right to sue them for exceeding their authority and violating your rights, too.

Always keep a copy of your license on you (even taped to the scanner) and carry a copy of the states laws many of which will have exemptions for hams which is nearly ALWAYS there because the lawmakers recognize that they cannot nullify the federal licenses. (you really didn't think the lawmakers were simply being nice to hams, did you? ) There are legal reasons for those exemptions.

 

[w8prr]

Your am license prempts laws about what a ham radio can receive. It does NOT allow you to carry a scanner if local laws don't allow. It only allows you to receive police/fire radios on a ham radio that extends to those frequencies

 

[MrGClips]

Your am license prempts laws about what a ham radio can receive. It does NOT allow you to carry a scanner if local laws don't allow. It only allows you to receive police/fire radios on a ham radio that extends to those frequencies

So Ham radio with a valid license is OK to monitor official channels, but dedicated Scanner is not. Got it!

 

[johnls7424]

See now it really depends where you are and laws are broad, very broad in punishment, how their applied and when. For example: let's say the state your in or driving through has no laws against possession and use of a scanning radio device in ones motor vehicle. Well it still maybe illegal at the local ordinance level. Some municipalities get around this by stating its a " peace and good order violation" as well as " public safety and employees private information violation of civil rights" so therefore it is technically illegal. 9/10 shot they will just tell you to remove the batteries, put it in the trunk and you'll be on your way ( of course maybe not for why they initially pulled you over). Worst case scenario there will be they will confiscate your equipment and radios, possibly give you the ordinance fine ( civil not criminal ) and you may wind up going to court to get your radios/scanner back from the police. Most towns rest assure don't have ordinances prohibiting this, but I do know that there are at least 1 or 2 in just about every state that do. As to whether or not their officers even enforce it let alone know about it is one either you find out about the hard way or just play it safe and turn it off and don't let them know your in possession of such equipment.

 

[JoeyC]

KMAs, post #13 nails it.

Most cops couldn't care less about your scanner. Even the guy from Indiana admits that. Of course, if they pull you over when the back of your F-150 is loaded down with 5 flat screen TVs after the local BestBuy was burglarized or you act like a Richard during the traffic stop all bets are off.

You can also file your ham license in the same place as that Canadian digital scanner radio license is kept because if you are lucky enough to have been pulled over in the first place, it is unlikely the object of law enforcement's attention. Of course, if you insist upon being a Dick about the encounter, I'm sure they can figure out plenty of ways to make your life miserable that your callsign can't do squat about.

Your ham license will get you no where when you are a suspect in a crime and carrying a radio scanner to boot.

 

[w8prr]

The issue of federal preemption is for a state like New York that prohibits police receivers of any kind in cars. some states like Indiana allow licensed hams to have scanners, again, must know the law where you are