Is it legal to have a portable scanner while driving

[tatman35753]

I have had a few people ask me if they can have a scanner in them at all times

Driving
Most of people ask about
I was under the 2that it is legal as long as the person is not using said scanner in the commission of a crime.
Am I correct?

 

[belvdr]

Depends on the state.

 

[jaspence]

Most states allow it if you have a ham license or special permission, but you still need to see if having certain frequencies in the scanner are allowable. There are websites that give details for each state, but you need to check individual laws because states change occasionally.

 

[trentbob]

Just use your favorite search engine and look up the scanner law for your state. Being a portable or a mobile, it's not the point, just find out what the law is for your state as has been said.

 

[Whiskey3JMC]

Keep it in your cup holder or somewhere else out of plain view. Don't fiddle with it while driving and you'll be fine. I've used scanners while mobile in PA for over 20 years, been pulled over once or twice. No LEO's ever questioned me about it, probably never knew I had it. Just turn it down and put it away if pulled over & concerned about it

 

[RaleighGuy]

Good overview by state is on the Zip Scanner website

Are Police Scanners Legal?

Are police scanners legal? Yes, police scanners are legal in the US. View details including regional restrictions while driving, committing other crimes + more. State by State guide of police scanner laws and statues affecting police scanning in America.

www.zipscanners.com

 

[AuggieActually]

Most states allow it if you have a ham license or special permission

This is wrong. Most states don't restrict your right to have and operate your own property in a vehicle as long as you aren't falling afoul of distracted driving laws or hands-free laws.

There are a few states with laws on the books that do restrict this, however.

Kentucky statute 432.570 says no portable scanners or radios, whether or not in vehicle, capable of receiving police frequencies. Also written in this section if a provision that if a frequency could at some time in the future possibly be assigned to police, then that is also forbidden. Strictly interpreted, this restricts all radio receivers? There is an exception for use in your own home.

Florida statute 843.16 states you cannot have radio receiver "adjusted or tuned" to receive police or fire frequencies. I would assume this covers programmed frequencies to be safe, but a strict interpretation could also allow a programmed scanner that is not currently on police or fire frequencies. There is no mention of the device being capable of receiving those frequencies, however. Interestingly, the law as written would allow a scanner tuned to out of state police frequencies, as long as there are no in-state allocations at the same frequency. Exceptions for "amateur radio operator" and "recognized" news agencies exist, among others.

New York section 397 states no receiver capable of receiving police frequencies are allowed to "be equipped" in a motor vehicle. Exception for amateur radio operator, permit may be required even so, opinions seem mixed.

Minnesota statute 299C.37 states you may not "equip" a vehicle with a device capable of receiving police "emergency frequencies". Exception for amateur radio operator, unless you have committed a violent crime.

Indiana use is illegal while mobile, including on foot. I don't care enough about Indiana to look it up futher.

https://www.zipscanners.com/blogs/learn/are-police-scanners-legal

There are also laws in a few more states that make it illegal to use a scanner in the commission of a crime. Whether or not a car is involved can vary, also.

TL;DR A few states restrict your ability to operate a scanner in a car, only Kentucky and possibly New York don't have exceptions for ham licensees. I'm sure my Kentucky friends would be very interested to learn this and then completely ignore it.

Edit: Found what looks to be a comprehensive overview on the subject. Mobile Scanner & RADAR-Detector Laws In The US - US Scanner Laws

 

[cg]

Most states now have Distracted Driving laws. While intended to be for people using cell phones while driving, they often aren't specific and may include having a sip of your Big Gulp, trying to get the kids to stop beating each other in the back seat or any other event that takes your attention off the road. That would easily cover anything to do with radio reception and there are likely no exceptions for emergency services folks or ham radio licensees.

 

[trentbob]

It's interesting how it works in some states, I live in Pennsylvania and it is totally legal to have a scanner in your car.

Pennsylvania does have a law however that doesn't specifically address scanners but if you use a scanner to break this law then you have got a problem. I wouldn't be surprised if many states have laws like this

 

[iMONITOR]

Most states now have Distracted Driving laws. While intended to be for people using cell phones while driving, they often aren't specific and may include having a sip of your Big Gulp, trying to get the kids to stop beating each other in the back seat or any other event that takes your attention off the road. That would easily cover anything to do with radio reception and there are likely no exceptions for emergency services folks or ham radio licensees.

Michigan has Distracted Driving Laws, and some cities and townships are extremely strict.

 

[ka1njl]

In NY there is an underlying assumption that if you have a receiving device capable of picking up police that you are using it to commit a crime. Consequently, scanners, pagers or any other receiver that can receive the police is prohibited. However, if you are a licensed ham and you have a ham transceiver that is capable of out of band receive you are ok. Of course, current digital modes such as P25 and DMR are not typically included in most mainstream ham radios so out of band receive is moot. I carry a copy of the law in my glove box in case my ID-5100A is ever questioned and I certainly expect that any police officer who questions my radio will not be particularly happy to have the law read to them.

 

[tvengr]

It's interesting how it works in some states, I live in Pennsylvania and it is totally legal to have a scanner in your car.

What happens if you are from out of state with scanners permanently mounted in a vehicle and cannot be removed without major disassembly of the vehicle?

 

[wa8pyr]

TL;DR A few states restrict your ability to operate a scanner in a car, only Kentucky and possibly New York don't have exceptions for ham licensees. I'm sure my Kentucky friends would be very interested to learn this and then completely ignore it.

Kentucky does have an exemption for people with a valid ham license, as do Michigan and Indiana. I remember there being great jubilation among Ohio scannists when those laws were eased up. I don't recall if Pennsylvania ever had a restriction or not.

IIRC, only Ohio and West Virginia did not previously restrict possession/use of a scanner (and still don't), merely use during commission of a crime.

I've been a licensed ham for over 40 years, so I never particularly paid too much attention to anti-scanner laws anyway; just exercise a little common sense and you're usually OK.

 

[trentbob]

What happens if you are from out of state with scanners permanently mounted in a vehicle and cannot be removed without major disassembly of the vehicle?

I'm sorry Jim I missed the point of your question. It's totally legal to have a scanner in your car in Pennsylvania.

Did you mean if you're from Pennsylvania and you go to like New York where it's illegal and your equipment is permanently installed... My guess is New York wouldn't care LOL.

 

[iMONITOR]

Kentucky does have an exemption for people with a valid ham license, as do Michigan and Indiana. I remember there being great jubilation among Ohio scannists when those laws were eased up. I don't recall if Pennsylvania ever had a restriction or not.

Michigan no longer has the ham exemption, it's no longer needed. Acutally even when they did require it you could get around it by writting the Chief of the State Police and request a "Scanner Permit" which they would give to any one for the asking as long as you didn't have a criminal record and stated you would not use it in any criminal activity.

 

[KK4JUG]

Keep it in your cup holder or somewhere else out of plain view. Don't fiddle with it while driving and you'll be fine. I've used scanners while mobile in PA for over 20 years, been pulled over once or twice. No LEO's ever questioned me about it, probably never knew I had it. Just turn it down and put it away if pulled over & concerned about it

This is wrong on so many levels. If the law says it's illegal, it's illegal.

Bad advice to turn it down and put it away. When the cop sees you wiggling around in the car, he/she is gonna be thinking you're hiding something else. If he/she finds it, you may well be cited just because you tried to hide it and to prove he's in charge, he might see what other charges he can come up with.

I was a LEO for 32 years. I know whereof I speak.

 

[doctordialtone]

I love it when legal questions come up on this site.

 

[AuggieActually]

Kentucky does have an exemption for people with a valid ham license, as do Michigan and Indiana. I remember there being great jubilation among Ohio scannists when those laws were eased up. I don't recall if Pennsylvania ever had a restriction or not.

IIRC, only Ohio and West Virginia did not previously restrict possession/use of a scanner (and still don't), merely use during commission of a crime.

I've been a licensed ham for over 40 years, so I never particularly paid too much attention to anti-scanner laws anyway; just exercise a little common sense and you're usually OK.

You're correct about Kentucky, I missed that.

 

[trentbob]

KK4JUG... John is from Pennsylvania where it is totally legal so he could just leave it in the cup holder. One big problem in Pennsylvania is if you ask a policeman if a scanner is legal in a car 9 out of 10 will tell you it's illegal, probably because they think it should be, not because they know the law.

I've had that happen a few times and I would show them my police-issued press card and they would say, in that case it's legal

 

[trentbob]

I love it when legal questions come up on this site.

Yep, you're right doc, it's very important to look up the laws and make sure before posting LOL.