Indiana Scanner Law Information

[aaron315]

I think you should re-read what I responded to, then maybe you'd understand my meaning, it certainly wasn't what you came up with aaron315.....

No matter how many times one reads your post, it will not change what the law says. I'm sorry, but that is the fact of the matter. The law is clear in its meaning and intent. Your statement was not representative of the law on the matter.

Good Day.

 

[Viper43]

Your point has nothing to do with a SCANNER, your talking about two way radios that are ISSUED which has absolutely NOTHING to do with scanners.... or for that matter the laws regarding scanners.

 

[aaron315]

Your point has nothing to do with a SCANNER, your talking about two way radios that are ISSUED which has absolutely NOTHING to do with scanners.... or for that matter the laws regarding scanners.

I made no point as to a scanner or a two way radio for the purtpose of this discussion. My point is that the law does not distinguish between the two, and therefor there is no reason for anyone else to do so when discussing the law.

You fail to recognize or consider the small fact that the law does not distinguish between scanners and radios. Please review the excerpt posted below. You will note specifically that the law defines a portable police radio as a radio that can send or receive signals transmitted on frequencies assigned for police emergency purposes. No where in the entire law does it differentiate between a two way radio and a receive only radio or scanning radio of any kind. The defining factor is the ability to receive OR send signals on frequencies assigned for police emergency purposes.

Viper43, the ambiguity that you are looking for simply does not exist.

"35-44-3-12(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual."

 

[KC9NEG]

Tempting Fate

I rode around downtown with four scanners plainly visible in my vehicle. Several LEO's, including two State boys, just HAD to see all of those antennae. I was expecting to be confronted, but I trust my amateur license and knowledge of the law will serve me in good stead should such a situation occur.

Photo of high-tech apparatus used to test four handhelds attached.

Todd/Indy
KC9NEG

 

[KC9NEG]

High-Tech

Now it's on my desk for further testing

Todd/Indy
KC9NEG

 

[W9NES]

OK guys this is getting old.If you will carry a copy of IC Indiana Code 35-44-3-12 with you while you are in your car and you indeed do have a "Vaild Ham Radio License" as stated in the Indiana law you are coverered and are allowed to have it with you.You can go the any public library and look up IC 35-244-3-12 and make a xerox copy of it and then laminate the copy to protect the printing and carry if with you in your glove box of your car, truck, etc that is all you need.We have some new LEO Officers on the street across the state that just came out of the ILEA and they think they know it all.If you are stopped be very nice with the officer and show him your HAM Radio License along with a copy of IC 35-44-3-12 and let him read where it says that "Ham Radio Operators are allowed to carry a scanner in a car or on a person" It is very clearly written into Indiana law for 35-44-3-12.If the officer has a problem with it,have him call his dispatch and ask for his Sgt. or his LT. to respond to the traffic stop.This happened in Indianapolis a while back involving a Ham Radio Operator who just had a Ham Radio in his car and at that time the IPD District Officer called his control operator to get a IC code for a Ham with a HAM RADIO in his car.Contol advised the District Officer about 35-44-3-12.The District Officer was"Not aware" of the 35-44-3-12 law on the books and after his Sgt responed to the scene the Ham radio Operator who had a Ham Radio in his car was released from the traffic stop and the IPD Sgt appogized to the person who his officer stopped.The Ham who was stopped was "Very Upset" over this entire matter" He was stopped just for having a "Ham Radio in his car" and the officer thought it was a "Scanner" Carry a copy of 35-44-3-12 with you "At all times" so you will not have to go thru this again."It is not who you know, but what you know about the matter and getting something done about it"

 

[KC9NEG]

I was expecting to be confronted, but I trust my amateur license and knowledge of the law will serve me in good stead should such a situation occur.

Todd/Indy
KC9NEG

Good summary, W9NES. That's what I meant by "serve me in good stead".

EDIT: But today convinced me most LEO's just don't give a crap about scanners. I'm sure I was seen at least four times.

Todd/Indy
KC9NEG

 

[W9NES]

tbhausen,Nice pictures of your (4) scanners, Can you post other pictures of your ham/scanner collection that you have and use everyday? I would like to see what you have and would like to share with the others who would like to see as well.Thanks 73 Tim DeLong W9NES

 

[KC9NEG]

Tim, you're seeing most of it. I also have a Yaesu VX-170 and a PSR-600. And a Yupiteru MVT-9000 Mk II and a couple aircraft HT's (so I do have a few when I think about it a bit). A couple of the radios are on loan. I'm not as much of a radio geek as I appear to be, but I'm getting there!

I'm working out a bit of a shack for all this... I'll certainly post pics.

EDIT: A Yaesu VX-177 tops my "lust list" at the moment. I just love that VX-170.

Todd/Indy
KC9NEG

 

[mcema699]

Location of Indiana Code

I know the library would appreciate a visit and your dime for the photocopy of the law. However, you can just do a web search and you can get the law. You could even print it on the back of a copy of your amateur license.

Here's just one such return.

http://home.fuse.net/rwtrue00/inlaw.htm

 

[usswood]

Federal Law Trumps State Law

As no one has brought this up...Federal Law Trumps Indiana's Law in several areas. I will let those figure out what parts of Indiana's Law are in conflict with the Federal Law...and as we all know Federal Law out-ways State Law any day of the week!!!

All it would take is a challenge to Indiana's Scanner Law and Changes would have to be made to it based on Federal Law...

Now who can point out what I'm talking bout. I will give it a few days and then if no one comes up with it, I will post what I'm talking bout

MUAH

 

[GTO_04]

As no one has brought this up...Federal Law Trumps Indiana's Law in several areas. I will let those figure out what parts of Indiana's Law are in conflict with the Federal Law...and as we all know Federal Law out-ways State Law any day of the week!!!

All it would take is a challenge to Indiana's Scanner Law and Changes would have to be made to it based on Federal Law...

Now who can point out what I'm talking bout. I will give it a few days and then if no one comes up with it, I will post what I'm talking bout

MUAH

Yes, ideally. But.............you will need legal representation and have to go through a very long and expensive appeal process in the federal courts. As you might guess the state courts will pretty much uphold the Indiana law not matter how flawed it is. Do you have the time and money to take it that far?

GTO_04

 

[usswood]

Yes, ideally. But.............you will need legal representation and have to go through a very long and expensive appeal process in the federal courts. As you might guess the state courts will pretty much uphold the Indiana law not matter how flawed it is. Do you have the time and money to take it that far?

GTO_04

No and Yes, but we all know there are organizations out there that will defend you without money when there is a good challenge out there and Federal rights aren't being observed at the state level.

Hint Hint...this applies to Ham Operators only

 

[wutang_0110]

DIng Ding Ding!!!

ARRL!!!!!!!!!!!!!!!

 

[jaytcsd]

This might blow a hole in the scanner law:

Indiana's Bill of Rights, Article 1

Section 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

http://www.in.gov/legislative/ic/code/const/art1.html

 

[jaytcsd]

>>A Yaesu VX-177 tops my "lust list" at the moment. I just love that VX-170

If you wouldn't have spent so much on your scanner holder you might be able to afford it....

 

[KC9NEG]

Scanner Holder

LOL... it's still on my desk and working great.

Todd/Indy
KC9NEG

 

[ten78]

I don't see anything in the statute that says anything about someone who provides public safety services ie. EMT, PARAMEDIC, FIREFIGHTERS being exempt from the scanner law. Only regularly employed police officers and that does not include reserve police officers.

 

[ind224]

today,yes today

I went to my favorite location at 21st and GS church parking lot to watch the flyover.
As I pulled in I noticed the usual 4-5 State cars ready for traffic duty after the race let out.
I thought, why not ask them if they want to listen to the flyover then I thought no.

A church member took notice of my discone and soon all five cars were around my truck. Pro 96 in the visor and 2045 on top of the 2510.

License, registration, what are you doing etc. You know you can't have a scanner with police frequencies right? That is a misdemeanor and you could go to jail.

10-74 valid with zero and I came home to watch the no commercial live Indy 500 feed on satellite.

In the statute, police radio is defined as one that can send or receive police frequencies.

They let me go. Like probably 150,000+ other race fans today. Since 400MHZ is used by police some where some time scanners that get race freqs are under the statute.

I've been here before. Probably again. Look at my post 2 years ago almost to the day.

I have mellowed a bit. Really.

 

[GTO_04]

I wonder how many race fans have their ham license. There are a lot of lawbreakers out there.

GTO_04