Is it legal to have a portable scanner while driving

[ecps92]

and important to have slept at a Holiday Inn express from time-time

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

 

[KK4JUG]

Trentbob, I didn't try to determine the legality. I said, "If the law says it's illegal, it's illegal." Otherwise, maybe the officer can help you program it.

 

[trentbob]

Yep, our County uses apx7000s since 2015 and there are a few that still can't change zones.

Definitely a good point made though about fumbling around in the car on a car stop.

 

[AK9R]

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

Why are they asking you? Are you a law enforcement officer, a prosecutor, or an attorney? If the answer to all of those questions is "no", the appropriate response would be "you should research the laws yourself and not take my word for it".

 

[tvengr]

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.

The problem is that the laws are so vague. They should specify for state residents only. You could be fined or jailed if the equipment is in your vehicle. You know, "Ignorance of the law is no excuse!" I worked with news media all of my life, but I am now retired. I held a FCC First Class Radiotelephone License which was required for my job. During the riots in 1968 and Tropical Storm Agnes in 1972, I was in the communications room of the Baltimore City Office of Disaster Control and Civil Defense. I rebuilt a stack of old Baltimore City Police radios for the city radio team to use. I carried a Baltimore City Police radio during the March of Dimes walkathons. I have had to make emergency repairs to city radio equipment when it failed just prior to an event. The question is, "Can I now be punished for passing through a state with a scanner in my vehicle?"

 

[RoninJoliet]

All these restrictions except the most important one"GUNS", there have been 188 Expressway shootings in Chicago and there worried about a little old innocent scanner.....

 

[trentbob]

The problem is that the laws are so vague. They should specify for state residents only. You could be fined or jailed if the equipment is in your vehicle. You know, "Ignorance of the law is no excuse!" I worked with news media all of my life, but I am now retired. I held a FCC First Class Radiotelephone License which was required for my job. During the riots in 1968 and Topical Storm Agnes in 1972, I was in the communications room of the Baltimore City Office of Disaster Control and Civil Defense. I rebuilt a stack of old Baltimore City Police radios for the city radio team to use. I carried a Baltimore City Police radio during the March of Dimes walkathons. I have had to make emergency repairs to city radio equipment when it failed just prior to an event. The question is, "Can I now be punished for passing through a state with a scanner in my vehicle?"

Good point and any response would be just a opinion because I can't look it up first because the laws are so vague. I would think though you do not get reciprocity from state to state.

I also know that being in the news media all my life, your attitude, demeanor, cooperativeness and holding multiple police press credentials can help the situation when encountered.

 

[Ensnared]

If you are in Texas and other states where cannabis is illegal, smoking a blunt or huffing on a THC cart might get you an additional charge of using a communication device (unsure of wording) to break the law. I agree, it depends on the stat and what you are doing before being pulled over.

 

[ladn]

Here in California, there's an obscure law with the common wording of (any person who)"...intercepts any public safety radio service communication, by use of a scanner...for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest,...or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance... of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, ... guilty of a misdemeanor. "

During my 30+ years in the news media, I've never seen it really enforced. My company photo car had at least three scanners (each with its own antenna), plus a two-way radio and cell. I've encountered my share of wannabees that tried to tell me I couldn't listen to "their" frequency, etc., and legit cops (and a few FEDS) who didn't know ho easy it was to monitor their systems (oh, for those glorious days of conventional FM systems).

A little common sense and discretion goes a long way.

 

[Ensnared]

Here in California, there's an obscure law with the common wording of (any person who)"...intercepts any public safety radio service communication, by use of a scanner...for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest,...or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance... of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, ... guilty of a misdemeanor. "

During my 30+ years in the news media, I've never seen it really enforced. My company photo car had at least three scanners (each with its own antenna), plus a two-way radio and cell. I've encountered my share of wannabees that tried to tell me I couldn't listen to "their" frequency, etc., and legit cops (and a few FEDS) who didn't know ho easy it was to monitor their systems (oh, for those glorious days of conventional FM systems).

A little common sense and discretion goes a long way.

Yes, I agree, some of these laws/ordinances however, they can be used to enhance charges for something else.

 

[trap5858]

It’s pretty simple- behave and don’t draw the attention of law enforcement and you don’t have to worry.

Back in the day growing up in Philadelphia the then police commissioner had everyone believing that monitoring the police was illegal and if you got caught doing it your receiver would be confiscated and you would be marched off to jail. An urban legend! No police officer I ever asked knew anything about such rules and they had no mandate to take radios. Several I knew even asked me to help them get a scanner so their families could listen in.

 

[trentbob]

I remember that Herb, even though I had a Philadelphia police press pass I called license and inspection to apply for a permit as that was what the RadioShack on Market Street told me I had to do.

When I called L&I and they said they never heard of a permit for scanner but if I had the police credentials I shouldn't have a problem. Apparently something had been passed but nobody got the memo and it was reversed very quickly. Gosh that was so long ago.

 

[belvdr]

It’s pretty simple- behave and don’t draw the attention of law enforcement and you don’t have to worry.

Back in the day growing up in Philadelphia the then police commissioner had everyone believing that monitoring the police was illegal and if you got caught doing it your receiver would be confiscated and you would be marched off to jail. An urban legend! No police officer I ever asked knew anything about such rules and they had no mandate to take radios. Several I knew even asked me to help them get a scanner so their families could listen in.

That didn't work out for me in VA a long time ago. I had a radar detector that I hadn't used in months sitting on the dash, because the power cord failed. A trooper passing me by slowed and gave me a ticket for it and said that was the only reason for the stop. The radar detector wasn't even plugged in; the cord was in the glove box. Of course, if your radio is out of sight, then that scenario won't occur.

To the OP, your best bet is to not trust anyone here. Contact your county attorney and ask. They're lawyers, not us. We're just wannabe lawyers who happened to stay at a Holiday Inn Express last night.

 

[buddrousa]

Or we have ask already in the states that we travel in and stay at Budget Inn.

 

[dlwtrunked]

That didn't work out for me in VA a long time ago. I had a radar detector that I hadn't used in months sitting on the dash, because the power cord failed. A trooper passing me by slowed and gave me a ticket for it and said that was the only reason for the stop. The radar detector wasn't even plugged in; the cord was in the glove box. Of course, if your radio is out of sight, then that scenario won't occur.
...

Generally you cannot enter the Virginia without passing a sign warning you about the illegality of radar detectors. Yet I once built a little box with a low transmitter for sending cw at an extremely low power on the ham band adjacent to the then only radar band (it could not receive). It was built from a microwave Gunplexer used to automatically open doors and powered by a 9 v battery. I found if I keyed it, it would set of radar detectors in cars. With that I discovered there were far more radar detectors in VA despite the law than I expected--at least among the cars that passed me. (I called doing this "trolling for brakelights".) As far as states with anti-scanner laws in vehicles, it is of course undeniable that an officer would recognize and SDR USB dongle on the backseat on a PC and one can imagine the legalities of him confiscating your PC to look at what software was installed.

 

[belvdr]

Generally you cannot enter the Virginia without passing a sign warning you about the illegality of radar detectors.

There may have been a sign, but I missed it obviously. Even with no power cord, I'm not sure I would have thought to remove it from the windshield. This was approx 25 years ago, so the memory of this is faint.

 

[z96cobra]

Many of these laws, viewed exactly as written,
make having smart phones in a vehicle illegal. Smart phones are capable of receiving XYZ communications/frequencies due to all of the "scanner apps" and websites like broadcastify being able to be accessed.

Feel free to argue... 😁

 

[KK4JUG]

Many of these laws, viewed exactly as written,
make having smart phones in a vehicle illegal. Smart phones are capable of receiving XYZ communications/frequencies due to all of the "scanner apps" and websites like broadcastify being able to be accessed.

Feel free to argue... 😁

That's a bit of a stretch. Anyway, the only frequencies a cell phone will receive are Wi-fi, Bluetooth and cell phone frequencies. I believe I'm safe in saying no LE agencies broadcast on any of those frequencies. No one even wants to put commercial FM frequencies in the phones.

 

[merlin]

I don't know of a state outlawing scanners in a vehicle while driving. Different states do have different provisions for their use. I know California it is illegal to "chase" calls. This started when tow trucks would show up at accident scenes trying to get a job. Same thing for news chasers.
Anywhere, any time, it is illegal to use scanners (or other devices) for the aid in commission of any crime.
Most states have enacted "distracted driver" laws and most is up to the interpretation of enforcement officers.

 

[buddrousa]

That's a bit of a stretch. Anyway, the only frequencies a cell phone will receive are Wi-fi, Bluetooth and cell phone frequencies. I believe I'm safe in saying no LE agencies broadcast on any of those frequencies. No one even wants to put commercial FM frequencies in the phones.

No not a strech Ky State Police has done taken a phone I know in West Ky