Illegal use of a Police Scanner

[W9NES]

Indiana State Police Dist 51 95-214 (CVED) Commerical Vechicle Enforcement Division is on westbound I-70 at the 148 Milemarker at the truck scales. He has a semi driver that has a illegal police scanner that was found in the truck. Driver has been given a notice for court in Wayne County by another Trooper.Scanner was taken by Hagerstown Police per the Trooper.

 

[gewecke]

That's just another good reason not drive in indy. Sorry, but I'm on the side of the commercial driver, since it's not like he's causing anyone any harm other than staying informed to what's going on around him!
It's too bad the driver didn't have his ham ticket, then he's be exempt.


73,
n9zas

 

[datainmotion]

Would the ham ticket exempt him from the law forbidding scanner use by commercial drivers (assuming IN has that law as other States do)?

 

[gewecke]

Would the ham ticket exempt him from the law forbidding scanner use by commercial drivers (assuming IN has that law as other States do)?

Maybe, maybe not. I know of one company that transports agriculture equipment in indy and 2 of their drivers are hams using their all mode gear to scan and skate after routine inspection stops from ISP.

73,
n9zas

 

[Raven95150]

Here in MN, i had a Commercial Vehicle Enforcement officer ask about my scanner once. I showed him my ham license and there was no problem.

However, we don't have any law that specifically prohibits scanners in commercial vehicles. The law just says you can't have one in a motor vehicle unless you are a licensed police officer or have a ham license or special permit.

Ironically, my wife has a law enforcement degree and works in a 911 center and still can't have a scanner in the vehicle with her, but I can have one since I have a ham license.

Sent from my SPH-D710 using Tapatalk 2

 

[W9NES]

Indiana Scanner Code IC 35-44-3-12 is very clear on this issue at hand. If you have a ham radio license you are EXEMPT from this law and you can have a scanner in your car or you can carry a handheld with you. I know of 2 Hams who drive semis for a living.They have a ham radio in their truck cabs. Another Ham who hauls rolled steel from Indianapolis told me that a Indiana Police Officer told him that he could not have his ham radio in his truck beause it picked up police frequncies.The ham had to show the officer that the radio he has in his truck cab was for 2 meters and 440 only for transmit.He did show the officer that the ham radio did receive weather frequencies for National Weather Service across the US. After a copy of a ham radio license was produced to the officer the officer appogized to the driver and sent him on his way. That officer who stopped him is now a ham and understands that law.This is a good reason to carry a copy of The Indiana Scanner Law Indiana Code 35-44-3-12 with you at all times when you are driving in Indiana.

 

[datainmotion]

Thanks for citing that. What has the consensus been there for running a scanner app while in your vehicle?

 

[Anon6083]

Thanks for citing that. What has the consensus been there for running a scanner app while in your vehicle?

I'm not sure what the general consensus for LEOs in Indiana is regarding the scanner apps for mobile phones, though I've heard deputies in Allen County discussing it and they've discovered it used in at least one conversion case I heard developing. It is an issue being recognized around the nation, as well:

Police on radio scanner apps: That's not a 10-4 - Technolog on NBCNews.com

 

[W9NES]

This is why everything is going encripted. Cell phones with a scanner app along with scanners cannot hear any talkgroups that are encripted. ISP along with IDEM also has talkgroups that are enrcipted.When a user of a talkgroup does not want anyone in SCANNERLAND to hear what is going on they will go to encripted mode. Indianapolis Metro Police had a case on this back some time back. Crminals were able to hear what was going on on their cell phones becuase of a scanner app.IMPD arrested the bunch that were involved becuase IMPD was using their encripted talkgroups for the investigation and no one is SCANNERLAND or a cell phone app could hear this.

 

[Anon6083]

Edit: Sorry, after typing that all out I realized just how far off topic I've gone in this post. Disregard. :-\

 

[gewecke]

Although special use TGs like SWAT/ERT, VICE, and sensitive traffic have made the move to enhanced privacy, my observation in Allen County is that officers have adapted to keep sensitive traffic off of the air. It's second nature to take it to a TX call anymore. Managing access to TGs that support enhanced privacy, I'm told and tend to believe, require more frequent radio touches. When the shops that have contracts with our agencies charge for every touch or even every visit, that's not something a lot of agencies and commissioners are interested in encouraging, which is why I think enhanced privacy hasn't achieved the doom's day scenario a lot of fatalistic scanning enthusiasts propose (this is very much my opinion and not the rule). With the additional encumbrances to interoperability when widely using enhanced privacy-enabled TGs, I'm not fearful of the potential for more TGs going private.

I agree, I thinks it's a problem that's more imagined than actual.

73,
n9zas

 

[GTO_04]

Indiana State Police Dist 51 95-214 (CVED) Commerical Vechicle Enforcement Division is on westbound I-70 at the 148 Milemarker at the truck scales. He has a semi driver that has a illegal police scanner that was found in the truck. Driver has been given a notice for court in Wayne County by another Trooper.Scanner was taken by Hagerstown Police per the Trooper.

I wonder why Hagerstown PD took the scanner. I-70 doesn't exactly pass through Hagerstown.

GTO_04

 

[RonnieUSA]

I wonder why Hagerstown PD took the scanner. I-70 doesn't exactly pass through Hagerstown.

GTO_04

Hagerstown is a town in Jefferson Township, Wayne County, Indiana

It's just north of it on Indiana State route 1.

 

[KB1UAM]

Come to massachusetts you can have "whatever you want" in your car

 

[W9NES]

Laws are different in every state. In Indiana and Kentucky you cannot have a scanner in your car.

 

[W9NES]

The Trooper asked Dist 51 Radio if anyone in Wayne or Henry County wanted a scanner? Another Trooper told the unit at the scene that Haggerstown PD would have a officer meet with him and get the scanner.

 

[Anon6083]

The Trooper asked Dist 51 Radio if anyone in Wayne or Henry County wanted a scanner? Another Trooper told the unit at the scene that Haggerstown PD would have a officer meet with him and get the scanner.

That's the best deal you can get on a scanner in Indiana! I wonder if it was a digital-capable model.

 

[primerate2]

am I illegal

I have a Uniden BCT15x scanner that I got last week. I have it in my 1964 Galaxie police car. Its for parades and such and I have it set in the towns police frequency. I reciever the local sheriff and high way patrool but its set on the local police and I have the hold button on so it doed not scan. I just got back from the local PD and recieved a written memo from the chief authorizing me to recieve radio transmittions in my old police car. What I am now wondering is, if I am not with in that range and the radio is not picking up any thing will I be legal? Thanks

 

[gewecke]

The Trooper asked Dist 51 Radio if anyone in Wayne or Henry County wanted a scanner? Another Trooper told the unit at the scene that Haggerstown PD would have a officer meet with him and get the scanner.

That constitutes as theft as far as I'm concerned. The owner should be told where to pick up HIS scanner! :roll:

73,
n9zas

 

[kd4bas]

Laws are different in every state. In Indiana and Kentucky you cannot have a scanner in your car.

The law in KY (Kentucky Revised Statutes 432.570) It states you MAY carry a police scanner if the following conditions are met;

I'll even attach a copy of th "KRS" for hams who pass through KY

(a) An individual who is a retailer or wholesaler and in the ordinary course of his business offers such radios for sale or resale;
(b) A commercial or educational radio or television station, licensed by the Federal Communications Commission, at its place of business; or
(c) An individual who possesses such a radio, provided it is capable of receiving radio transmissions only and is not capable of sending or transmitting radio messages, at his place of residence; licensed commercial auto towing trucks; newspaper reporters and photographers; emergency management agency personnel authorized in writing by the director of the division of emergency management (for state personnel) or chief executive of the city or county (for their respective personnel); a person holding a valid license issued by the Federal Communications Commission in the amateur radio service peace officers authorized in writing by the head of their law enforcement agency, Commonwealth's attorneys and their assistants, county attorneys and their assistants, except that it shall be unlawful to use such radio to facilitate any criminal activity or to avoid apprehension by law enforcement officers. Violation of this section shall, in addition to any other penalty prescribed by law, result in a forfeiture to the local law enforcement agency of such radio.

The provisions of this section shall not apply to a paid or volunteer member of a fire department or a paid or volunteer member of a public ambulance service licensed in Kentucky who has been given permission in writing by the chief of the fire department and the chief of each law enforcement agency whose frequency is to be monitored, or the director of the ambulance service and the chief of each law enforcement agency whose frequency is to be monitored, to possess a radio capable of receiving on a frequency allocated to a police department or law enforcement agency, whether the radio is in a vehicle or not.