Minor Traffic infractions don't count as crimes?
Scanmikey said:
So this means that if you are pulled over for speeding and your scanner is in the car... you can be charged with this?
Sounds kinda scary to me.
1)
UNTIL HB4544 changes the rules.......anyone without a mobile permit....is in danger (except hams and cops).under MCL750.508b.
2) Thanks for helping change this law.
I believe most traffic offenses are civil infractions (not crimes) so the new law should hold hobbyists harmless...if caught for casual speeding etc with a scanner. (The intent of this new law is to NOT punish hobbyists ).
Trespassing is a "crime" so railfans who park on or walk on rail road property to snap pictures of rolling stock need to take heed (the state's gunnin' for ya')
Generally MCL750.508b as it stands is a catch and release with warning law. It certainly does little to keep criminals from having a scanner in a car and made law abiding AWARE hobbyists jump through a needless paperwork hoop.
It for the most part held UNAWARE hobbyists in peril of a fine. I don't think any hobbyists ever went to jail (did time) specifically for violation of MCL750.508b. But the potential is there, hence the need for change. It certainly dropped a few fines here and there, caused some vehicle searches and some frisking now and again and possibly some wet pants.
The law has/had no provisions for confiscation of gear although a few counties( Berrien, Branch.) somehow thought it did.
In most instances you'd have incidental contact with the police. they'd see a scanner anywhere in the car and if that officer is aware that it's currently illegal to possess a radio of that type without a permit or other exemption.....they may investigate further and possibly arrest you for possession.
IT doesn't matter where that radio is in the vehicle , if it was on, Off , Blue, RED , Silver , in your trunk in your luggage, in the open . IF it has the capability to receive PSB....and it's discovered....you are potentially a criminal. IF it's in a motor vehicle without a permit.....start phoning your lawyer or AAA for bond money.
Or during a traffic stop on I-94 at 6 p.m., YOU may be asked if the officer can search your car.
Feeling you have absolutely nothing to hide and hoping that cooperation may yeild some lenency regarding your ticket....you consent to the search.
"Sure Officer, I have nothing to hide.....go ahead and search".
And while the officer is fishing......he finds a TURNED OFF hand held scanner lying on the floor of the backseat under a bag containing some whitecastle jalapeno cheesburger containers and a empty box of clam strips....and a losing mega millions lottery ticket. (You've just come back from a NASCAR event, or the Muskegon Air Fair and recently fueled up on some gut bombs ).
The first question the cop may ask is : " What's all this then?"
You may say (from the backseat of the patrol car) : "Oh, officer that's my lunch and a losing ticket"
"No I mean the scanner.....Don't you know it's illegal in Michigan to have a scanner in your car?"
"Really..????? Ummm, Gosh no officer.....I had no idea......since when?(nervously you pass wind)"
"Forever.......and Whew what's that smell?"
Pleading ignorance of the law and innocence regarding the odor worked in my case.(the flatuation was purely a natural defensive mechanism and not intentional) .....but....surely set off a hornets nest especially after the friskings. (BTW it was Taco Bell not white castle and the brand new Pro 92 was OFF on the front seat in plain view not the back seat and it was at 1 A.M. on a deserted country road on my way to Frankenmuth and I wasn't speeding.......just miles from home and suspect for being out of my neck of the woods. .)
A troubling law indeed....Certainly in need of change and redirection of target from hungry radio hobbyist with very high cholesterol numbers to truely opportunistic criminals risking a tossed salad.
I've only heard of a few times something like this happened.
The "sleeper" of the Alger 202 rest stop story, my experience near frankenmuth, some hams (one who was popped for drunk driving and the scanner law violation was just pile on, some experiences of volunteer firefighters, the odd ball trucker and out of state hunters with radio gear
....but the POTENTIAL along with the HUGE numbers of UNaware scannists in our midsts (NASCAR fans, vacationers etc) in peril due to shear ignorance of MCL750.508b and it's unconforming nature to other nearby states is why the initial 2000 movement to modify MCL750.508b started way back when without unintended consequences (Plan A aka one p'd off scannist)
(remember when Rep Kowall nearly got hams to have to request permits......that was a great time wasn't it! Law of unindended consequences.)
OR at the very least one goal was to publicize the current statute in communications magazines (billboard coverage) and via the internet (since many MI radio retailers weren't making their customers aware at the time of purchase, still aren't.). We the few AWARE hobbyists of Michigan in 2000 had to consider our fellow hobbyists.... first and foremost.
And the effort began to swamp MSP with requests for permits so they would on their own determine a change in policy was needed. (Plan b )
The radio community in Michigan sorta rallied around the idea of getting all known newbies permitted.....Identifying other current user bases (fire/ems) and asking that their members join in compliance. Their members being in great threat of penalty (daily usage) and informing their departments to get these folks permitted before harm came to them.
When the state raised the fine to $1000.00 in 2003....many fire departments made sure their volunteers and even their family members who used private vehicles equipped with radio gear were compliant.
Now you can't get on a Michigan based scanner BBS forum without permit questions popping up nearly every week. (how long, what's it cost, can anyone get it etc) And that is simply hobbyists trying to protect other hobbyists against harm since the law wasn't changing quickly. The requests for permits apparently kept MSP fairly busy.
Again thanks to everyone who applied, publicized and contacted the powers that be to get this law.....MODIFIED. It isn't perfect...and it isn't LAW YET............. so if you wish to change the proposed HB4544 please suggest changes to the MI Senate promptly.
Here's hoping this law works to everyone's satisfaction, our's and the state's....and doesn't cause blanket police questioning of persons wandering into a donut shop near you with a scanner on their hip .
Please Remember in Kentucky the officer is swarn to back his crown vic over your scanner....so You Michigan/Ohio NASCAR fans heading to Kentucky speedway..beware. Indiana.........NO scanners in public or vehicles, SD no scanners in cars, MN,NY no scanners in cars and florida.........NO police freqs programmed in to your scanners in cars...
Michigan may be changing.......but there's a few others above that need addressing and greatful Michigan scannists should support the efforts of other state radio hobbyists to help change their laws if requested.
Regards,
Mark Bajek
