Delaware County, IN files charges in connection to scanner app

[rdale]

NES, you again are missing the point. If your interpretation is true, then any cellphone with web access is also illegal. I'm not sure I agree with that conclusion.

 

[K9GTJ]

Also illegal are all users of racing scanners given the broad language of the law.

 

[JoeyC]

right..broadcast as in 'heard' this is what they need to look at : -------------------------- my edit----------

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio; ---------------------------anything that causes police traffic to be heard!
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio: ------------notice it says possesses OR uses
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency; ------------------he was using his IPHONE to avoid detection------------------
commits unlawful use of a police radio, a Class B misdemeanor.

Excuse me, but you just admitted that YOU have included YOUR interpretation of the law, and admittedly IGNORE what the definition of police radio states in the law. (See bolded type above). I don't see your interpretation when googling that particular Indiana code anywhere. All I see is the definition of "police radio" in the law as written several times in this thread, and a cellular telephone does not meet the criteria. Again, your cellphone DOES NOT RECEIVE OR TRANSMIT ON POLICE FREQUENCIES.

I agree with the other poster, unless you possess a law degree and are eligible to practice law in that state or any other, you're opinions are just that, your opinion and you are no more qualified to interpret this law as anyone else. Your residence in the state of Indiana does qualify you any more than any one else to comment on this, unless you possess that law degree.

Now, give us a reference IN INDIANA LAW that states that "anything that causes police traffic to be heard" and I will retract what I've said. OYE.

 

[Confuzzled]

You're trying to get too literal.

They don't want you listening to police communications on any mobile device. Period.

It's very difficult to write laws that specifically include or exclude every possible future change in technology or behavior, so they have to generalize.

It's like all these cell phone, texting and distracted driver laws that are in the press. It's all an ad campaign to get public awareness of the hazards of new technology. None of these laws are needed. Every state has existing laws about driver's responsibility to pay attention and maintain control of the vehicle. They don't need a special law to write you a ticket for texting while driving.

They don't need a special law to deal with applications downloaded to a cell phone to enable listening to police communications while you're mobile. The existing law can be applied.

 

[W9NES]

The key word in the law is Hand Carried, maintained in a vehicle,A cell phone that has a Scanner App running is receiving radio scanner traffic from a feed on the internet,35-44-3-12 is very clear.Read the law and a cell phone does fall under my last post.I have talked with my family Lawyer who is licensed and has passed the bar exam for the State of Indaina."His own legal words to me were the following" After reading the case in Muncie/Delaware County and talking with the County Legal staff who is working on this case I would advise you not to use your cell phone as a Mobile Scanner device.After reading the current Indiana Law a cell phone does fall under Indaina Code 35-44-3-12.My Lawyer keeps up to date with current events within the State of Indiana.I have cell phone.I have no need for the Intenet, or running any other scanner Apps.I use it for what it is made for and that is for communications for placing and receiving cell phone calls. My Lawyer advised me to use the cell phone for just that,A CELL PHONE nothing elese.He did tell me that the ***Police** can inspect you cell phone and can tell if you have been using the Scanner App feature.This is the main reason why I do not need anything like this plain and simple.After being told by my Lawyer I am doing what he told me to keep my safe and within the current law.If you have questions about this law I would refer you to your local County Sheriff, Any Indiana State Police Post Commander or Indiana State Police Operations or State Police Legal Section.

 

[rdale]

Your lawyer lied, there is no way to look at your phone and know if you had the app installed. If your phone can access the web, it is illegal to take outside of your house under that interpretation.

 

[Agentblack]

not to mention a very blatant violation of the 4th amendment.. someone could quickly own a PD if they did that..

 

[Confuzzled]

not to mention a very blatant violation of the 4th amendment..

Recent court rulings have held that police CAN indeed look though your cell phone. There were a number of articles across the web at the time. I'll try to find a link later.

I believe the cases had to do with kiddie porn and/or bullying, but the courts said no warrant was needed. I'm not sure if there were other restrictions on what they could look for.

I don't think this is a case you want to push in Indiana based on the way Judges think there:

Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said.

Court: No right to resist illegal cop entry into home

Clearly the deck is stacked against the average Joe.

 

[Confuzzled]

Here are a few articles on warrantless cell phone searches:

Red Tape - Court: No warrant needed to search cell phone

Warrantless Cell Phone Search - Florida Court Says Police Can Search Your Phone at Time of Arrest | Tampa Criminal Defense Attorney | Criminal Defense Lawyer in Tampa

States Split Over Warrantless Searches of Cellphone Data - Magazine - ABA Journal

Fourth Circuit Blog: Court OKs Warrantless Cell Phone Search, Auto Inventory Search

 

[W9NES]

I am not going to do jail time for a Scanner App on a cell phone.I do not have to worry about that anyway.My cell phone will not even get the intenet, do texting, or download a scanner app.So I am very Legal. I asked ISP Operations and ISP Legal Section about this and I was told I am fine and Not breaking the law.I will call a Deputy AG in the AG'S office this week and will ask them to give me a answer of this matter.

 

[JoeyC]

Here are a few articles on warrantless cell phone searches:

Red Tape - Court: No warrant needed to search cell phone

Warrantless Cell Phone Search - Florida Court Says Police Can Search Your Phone at Time of Arrest | Tampa Criminal Defense Attorney | Criminal Defense Lawyer in Tampa

States Split Over Warrantless Searches of Cellphone Data - Magazine - ABA Journal

Fourth Circuit Blog: Court OKs Warrantless Cell Phone Search, Auto Inventory Search

All have to do with investigations and searches performed AFTER a lawful arrest for a crime. Says nothing about random cellphone searches, which is what I think Tim is speaking of.

 

[W9NES]

Thanks Confused for your post.All of your post are based on past Indiana local cases.The Police can make a traffic stop for speeding which is a Violation of Indiana Law and you do not need to have a Warrant to make a traffic stop for speeding. If the officer has any doubts about what you have inside your secure comparment he can ask for you to grant him permisson to do a search of the said vehicle.Just like the Muncie Robbery,The officer did a search of the inside of the vehicle and he did not have a warrant to do a search and he found the cell phone using the scanner app with radio traffic from Muncie PD.

 

[JoeyC]

I am not going to do jail time for a Scanner App on a cell phone.I do not have to worry about that anyway.My cell phone will not even get the intenet, do texting, or download a scanner app.So I am very Legal. I asked ISP Operations and ISP Legal Section about this and I was told I am fine and Not breaking the law.I will call a Deputy AG in the AG'S office this week and will ask them to give me a answer of this matter.

Don't get arrested and the cops won't be looking at your cellphone apps. Plain and simple.
I probably wouldn't to the AG office or any law enforcement agency with questions about this either. Unless there is legal precedent in the matter, the AG and law enforcement agencies can't give you the final word about this either.

 

[JoeyC]

Thanks Confused for your post.All of your post are based on past Indiana local cases.

FYI if you read the articles Confuzzled posted, they are based on California, Florida and North Carolina cases. One of the articles even goes into how in OHIO just the opposite is the law.

 

[W9NES]

You do not need a warrant to do a search of a cell phone.With the event the happened in Muncie The State of Indiana will be looking down the road to making this illegal.The person who left the scene of the holdup after A unifromed MPD Officer made the traffic stop "Heard the radio traffic comming from the suspects car"This is **Cause** for the officer to do the search.Was permission given to do the search from the suspect? we never heard but the officer was** justified in doing the search becuase he heard something comming from the car that should have not been there.**

 

[usswood]

Do you have a law degree?

Have you been admitted to the Bar in the State of Indiana?

Without affirmative answers to those questions, you are no more qualified to offer a legal opinion than anybody else in this forum.

not really sure how to take this comment...I dont have a law degree...BUT I DO HAVE COMMON SENSE!!! and I can THINK...I'm not trying to defend the law or the law breakers in this case. I"m just trying to figure out why some look at words and provide their own meaning to them! Seems to be happening more and more in this country!

Now let me ask you a question....CAN YOU READ AND UNDERSTAND???

 

[usswood]

You're trying to get too literal.

They don't want you listening to police communications on any mobile device. Period.

It's very difficult to write laws that specifically include or exclude every possible future change in technology or behavior, so they have to generalize.

It's like all these cell phone, texting and distracted driver laws that are in the press. It's all an ad campaign to get public awareness of the hazards of new technology. None of these laws are needed. Every state has existing laws about driver's responsibility to pay attention and maintain control of the vehicle. They don't need a special law to write you a ticket for texting while driving.

They don't need a special law to deal with applications downloaded to a cell phone to enable listening to police communications while you're mobile. The existing law can be applied.

THANK YOU SIR...VERY WELL SAID and THAT IS THE POINT I WAS TRYIN TO MAKE THAT SOME JUST DON'T WANT TO GET...PROBABLY BECAUSE THEY ARE USING THEIR SMARTPHONE TO BREAK THE LAW IN THIS STATE AND DON'T WANT TO ADMIT TO IT!

 

[AK9R]

I'm just trying to figure out why some look at words and provide their own meaning to them!

Look in the mirror. You are applying your meaning to the words. Others in this discussion are applying their meanings and they apparently think your meaning is incorrect.

CAN YOU READ AND UNDERSTAND?

Yes, I can. I have read the law and I understand it differently than you do. Information is transmitted using signals, but the signals themselves are not the information. My cell phone cannot receive signals, defined as "an electrical impulse or radio wave transmitted or received", transmitted on police frequencies. Therefore, in my opinion, which is not a legal opinion, my cell phone is not covered by Indiana's scanner law.

 

[AK9R]

Also illegal are all users of racing scanners given the broad language of the law.

It's called selective enforcement. The police turn a blind eye to this blatant violation of Indiana law because race fans bring money into the state. Hundreds of race fans carry their scanners right past the police as they go in and out of the Indianapolis Motor Speedway. However, when the police find someone using a scanner in the commission of some other crime, they charge them with violation of the scanner law.

 

[Confuzzled]

My cell phone cannot receive signals, defined as "an electrical impulse or radio wave transmitted or received", ...

Defined by who? A signal can be any number of things including written or spoken words or even a single finger.