A "First Amendment Auditor" (Frauditor) in Indiana has been arrested and charged with using a scanner/police radio while he committed his crimes.
Frauditor arrested and charged with possession of scanner
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A search of court records on DoxPop found 12 cases involving Mr. Hendry in Vigo, Greene, Lake, and Newton Counties for charges including dealing in a schedule 1 controlled substance (pled guilty), dealing in marijuana, possession of a controlled substance, criminal trespass, operating a vehicle while intoxicated (pled guilty), possession of marijuana (pled guilty), contempt of court (sentenced to 5 days in jail), intimidation, criminal trespass, provocation, strangulation, confinement, domestic battery resulting in moderate bodily injury (pled guilty, sentenced to 300 days in jail), and driving while suspended. I'm not an expert in reading these cases, but it appears that some charges were dismissed and some were dismissed in lieu of other charges being filed.
On the current charge, it seems that Mr. Hendry failed to appear for earlier hearings resulting in a warrant for his arrest issued in January that was subsequently recalled in March. There was a hearing scheduled in March and another scheduled for May. In April, the court ordered the state to provide the defendant with discovery and the state complied. In May, a jury trial was scheduled for July 27. A pre-trial hearing was scheduled for July 11. All indications are that he has legal counsel. Mr. Hendry's address is listed as the Greene County Jail in Bloomfield, but I also see a note that he had been released on his own recognizance.
The Vigo County Courthouse is about an hour and 20 minutes from my house. I might have to drive down there to observe the proceedings.
On the current charge, it seems that Mr. Hendry failed to appear for earlier hearings resulting in a warrant for his arrest issued in January that was subsequently recalled in March. There was a hearing scheduled in March and another scheduled for May. In April, the court ordered the state to provide the defendant with discovery and the state complied. In May, a jury trial was scheduled for July 27. A pre-trial hearing was scheduled for July 11. All indications are that he has legal counsel. Mr. Hendry's address is listed as the Greene County Jail in Bloomfield, but I also see a note that he had been released on his own recognizance.
The Vigo County Courthouse is about an hour and 20 minutes from my house. I might have to drive down there to observe the proceedings.
Don't forget to bring your scanner.
Last time I was in an Indiana courthouse was maybe 10 years ago as a juror. It was like boarding a commercial airliner. Only one way in. Metal detector at the door. No weapons of any kind. Stern-faced deputy observing the proceedings. I think a scanner might raise some eyebrows.
The story continues.
A hearing was held on July 11. Here are the published notes from that hearing:
Another hearing has been scheduled for August 7.
A hearing was held on July 11. Here are the published notes from that hearing:
Code:
The defendant appears in person and without counsel.
The defendant requests the appointment of a public defender. After inquiry,
the court appoints the Vigo County Public Defender's Office to represent the
defendant in this matter. Counsel orally moves to continue the jury trial
setting on July 27, 2023, for which the state has no objection. The court
grants the motion and vacates the jury trial setting. The delay in the jury
trial setting shall be attributed to the defendant. The Court preliminarily
sets this matter for review on August 8, 2023 at 9:00 o'clock a.m. The Court
directs the Vigo County Public Defender's Office to file a motion to set this
matter on the appropriate hearing date for appointed counsel.Another hearing has been scheduled for August 7.
chrismol1
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Let me get this straight. He showed up, parked on the road and started walking towards the scene of a call of a threat of a shooting by an irate person who was going there. Not sure where he thought that was going to go well.
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usswood
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Wonder if this CLOWN is what caused the "stay back 25ft law" just passed and in effect now in the state?
From the court records on Doxpop, there was a hearing scheduled for August 7. The defendant failed to appear. The defendant is ordered to appear at another hearing on August 14. And, there's a jury trial scheduled for October 12.
Sounds like the radio is the LEAST of this guy's problems.
And it will be treated like that by the prosecution at some point, if it hasn't already.
Don't lose any sleep over this guy having a 'scanner' charge against him.
And it will be treated like that by the prosecution at some point, if it hasn't already.
Don't lose any sleep over this guy having a 'scanner' charge against him.
Notes from yesterday's hearing:
The previous law was 125', the new law allows citizens to be much closer. The new law is already being challenged because an officer kept moving toward a citizen and insisted that they had to keep moving back 25'.
paulears
Member
We’ve always had quite radio restricted laws in the U.K., and despite many tweaks, our authorities have powers they could use, but very rarely do. We now have a more open system where scanner users have little to hear that is unencrypted. So important stuff is not listenable, other stuff is. Technically, possession of a scanner would be a reason for arrest, with confiscation. They never repealed the old laws, just don’t use them. The old law said it’s illegal to have in your possession, radio equipment for which a licence is not available. I’ve paraphrased that a bit, but, listening to the RAF or USAF airplanes on a scanner could get you arrested, because you cannot get a licence to do that, despite no scrambling being in use. I’ve never ever heard of any legal proceedings, but just recently a Bulgarian, spying for Russia was arrested around here. If they had a scanner, you can bet having it would have been another illegal activity. Fred down the road listening to aircraft would be left alone.
usswood
Member
you are so wrong!
It would be helpful if people stating that the law is such-and-such would include a reference to the law in the Indiana Code.
RFI-EMI-GUY
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TLDW. I am conflicted on these "auditors" . There may be some social value in testing the waters of the US constitution, but some of these you tubers seem to be cruisin for a bruisin.
If his arrest and charges are solely regarding the possession of a police radio, I fail to see how the law as written can apply to him. He must be in the commission of a crime or using the radio to evade capture (for a crime).
I might be missing something, but the Indiana Law is pretty convoluted.
The exclusion "(10) a person who possesses or uses a police radio during the normal course of the person's lawful business." opens up the question as to what constitutes the normal course of the person's lawful business. If I make it a habit to carry a scanner when I go about town lawfully, am I exempt or is there some other unmentioned requirement for that activity to constitute"lawful business"?
for reference:
If his arrest and charges are solely regarding the possession of a police radio, I fail to see how the law as written can apply to him. He must be in the commission of a crime or using the radio to evade capture (for a crime).
I might be missing something, but the Indiana Law is pretty convoluted.
The exclusion "(10) a person who possesses or uses a police radio during the normal course of the person's lawful business." opens up the question as to what constitutes the normal course of the person's lawful business. If I make it a habit to carry a scanner when I go about town lawfully, am I exempt or is there some other unmentioned requirement for that activity to constitute"lawful business"?
for reference:
As for IC 35-44.1-2-7(b)(10), I think it would fall upon you to convince the judge and/or jury that possessing or using a police radio is part of the normal course of your lawful business. If your business is making YouTube videos, you may have some convincing to do since nobody makes any money posting YT vids. 
RFI-EMI-GUY
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Lawful business Definition | Law Insider
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I think he has this covered unless whatever else they charge him for is unlawful. I dont think the police radio law stands on its own.. He should have an attorney speak for him.
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