Is it legal to have a portable scanner while driving

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buddrousa

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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.
All of the states that are listed here you can read the SCANNER LAWS posted on each state website.
 

KK4JUG

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How in the hell did the Florida police search someone's phone without a search warrant? In most states and under most circumstances, a warrant is needed, even for a search incident to arrest. There's too much information in there (personal contacts, medical, financial and maybe even the number of steps you walked today) and the expectation of privacy (a favorite Supreme Court phrase) is too great to make it readily available, even to the police.
 

AuggieActually

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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.

A lot of agencies are using zello as a method of communication now! Remember, a law that only technically covers an area but not in spirit will only lie dormant until it's convenient for those in power to use it.
 

ten13

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I had an NYPD "Radio Permit" during the "War Years" in NYC during the1970s. I got it, frankly, because of a political hook. I didn't need it primarily because it was a lawless time in NYC (coming again, soon, to the Big Apple...if not already). I had three radios mounted permanently in my car, including a trunk-mounted Motorola.

The permit itself was very nicely designed! So much so that, if I had kept it, It would probably be framed today just because of the design of the piece of paper.

What was interesting however, was what happened when it expired. The renewal was denied and, since the radio permits were handled by the Pistol License Section, they handled the expiration of the radio permit the same way as they did/do handle pistol licenses, by sending dunning and threatening letters demanding me to turn in my radios to the Pistol License Section on or before a certain date.

They sent me three of those letters, and they're still waiting for my radios to show up.

But let's be frank about all this: what should be said about a police department and, more specifically, a police officer individually, who has time to break the chops of some guy who has a scanner in his possession, who is not committing an "underlying felony" while doing so? It boggles the mind that such insignificant issues takes up the mental capacity of police officers while there are people looking to take away their livelihoods and destroy their families because some clown complains the handcuffs were too tight....during a real arrest.

Be discrete and, if you show up at something, park your car away from the incident and don't be a pest.
 
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trentbob

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I had an NYPD "Radio Permit" during the "War Years" in NYC during the1970s. I got it, frankly, because of a political hook. I didn't need it primarily because it was a lawless time in NYC (coming again, soon, to the Big Apple...if not already). I had three radios mounted permanently in my car, including a trunk-mounted Motorola.

The permit itself was very nicely designed! So much so that, if I had kept it, It would probably be framed today just because of the design of the piece of paper.

What was interesting however, was what happened when it expired. The renewal was denied and, since the radio permits were handled by the Pistol License Section, they handled the expiration of the radio permit the same way as they did/do handle pistol licenses, by sending dunning and threatening letters demanding me to turn in my radios to the Pistol License Section on or before a certain date.

They sent me three of those letters, and they're still waiting for my radios to show up.

But let's be frank about all this: what should be said about a police department and, more specifically, a police officer individually, who has time to break the chops of some guy who has a scanner in his possession, who is not committing an "underlying felony" while doing so? It boggles the mind that such insignificant issues takes up the mental capacity of police officers while there are people looking to take away their livelihoods and destroy their families because some clown complains the handcuffs were too tight....during a real arrest.

Be discrete and, if you show up at something, park your car away from the incident and don't be a pest.
Very Sage advice. It's not just legally or not legally having a scanner in your car, it's what you do with it that counts.

Grew up in the Philly area and graduated high school 1971 and moved to New York to attend undergraduate and graduate school, stayed about 15 years and returned to Philly. Also started my lifelong career as a journalist that I am now retired from.

You're right about the lawlessness and out of control society in New York then. Of course it's the same way now but the body count is much higher.

It wasn't legal but when I worked in NYC, Nassau and Suffolk County as a Stringer for Newsday I had three radios in my Pinto permanently mounted. I learned very early never to park near a scene, didn't want to get embedded with a lot of emergency equipment, blocked roads, especially with charged fire hoses.

When I showed up at a scene, I would stay in the shadows, press ID in my pocket. I would place myself with crowds of spectators, I would get all the shots I needed with a long lens for the front page and the inside, then... I would show up at the scene with my credentials around my neck.

It's the nitwit wannabes that storm into a scene feeling all entitled by the First Amendment while they're stepping all over evidence and impeding police that gives scanners in cars a bad name among police.
 

mark40

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Agree with trentbob, sage advice from ten13:

Be discrete and, if you show up at something, park your car away from the incident and don't be a pest.

When I lived in New York State, 1981-2005, was a volunteer firefighter, many of us had scanners in the car and no one I knew was ever challenged, likely because when buffing a call they followed ten13's advice. From 2000-2005 prior to moving to PA from NYS I was a P/T Code Enforcement Officer. Asked for and received a permit from the Village Police Chief. When I resigned in preparation for moving, he asked me to turn it in. After moving to PA became a licensed Amateur, Technician.
 

iMONITOR

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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?

Good question! Or if you go and buy a scanner at a dealer, how do you drive home with it in the car?

Just like guns in some cases in some states. I have a concealed carry permit in Michigan which is good in most states, but there are still a few that make it illegal to do so.
 

garys

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I remember that episode of Adam 12!

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.
 

soberone14

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That good stuff but it looks like the latest update is 6 years old. Having said that, I doubt that the legislatures pay much attention to those particular laws.
Was updated awhile ago but those laws are still correct and accurate that's why they have not been updated. And law enforcement will honor it run into it all the time. I have had several talks with law enforcement about my scanner in my semi truck at several weigh stations and inspection bays
 

ecps92

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o_O So IF I am not a resident, the laws of your City, County, Parrish, State do not apply to me ? :cautious:
Wooo Hooo

Time to put this thread out to pasture

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?"
 

kg4icg

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In the DC, Maryland and Virginia area, no problems to have a scanner unless you are committing a crime. Being a commercial truck driving ham, going all over the area including bases, even the guard post personal listen to it with me until I am cleared from the check points.
 
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