Ohio scanner law?

[ErieCountyPublicSafety]

Does anyone know the scanner law in ohio? I was wondering what the law was to have a scanner in a vehicle in ohio. if anyone could help? I like to take my hand-held PRO-164 with me when i go somewhere, but i dont want to get in trouble.

 

[Colin9690]

Yes, it's completely legal to have and use in the vehicle in Ohio.

 

[hoser147]

As long as its not used in commission of a crime your good to go..

 

[ibagli]

As long as its not used in commission of a crime your good to go..

Is there a specific law about that, or is it just a generic criminal tools law?

 

[LiberaFan08]

Newark Scanner Law

In the City of Newark,it is illegal to have a scanner of any kind in your car unless you are a law enforcement officer,firefighter or licensed radio amateur.Yes,hams are exempt !!! You can go to any Newark library to look it up.The ordinance number is 648.12 and it is called "Receiving Police Signals or Messages".Since I am no longer an active ham,I use my ham license for a scanner license.

 

[stpd438]

Is there a specific law about that, or is it just a generic criminal tools law?

With the exception of a specific local municipal ordinance, it's just a generic criminal tools law in the rest of the state under Ohio Revised Code (see ORC 2923.24). It's a 1st degree misdemeanor, unless it is used in the commission of a felony (like burglary, robbery, etc.). In that case, it is a 5th degree felony.

 

[ptlm212]

Portable scanner

Today is February 26, 2012 and i was told by a police officer in cuyahoga county that it is illegal to have a portable scanner in your car. I think he dont know his azz from the hole in the ground. someone get back to me and let me know.

 

[ibagli]

Where at in Cuyahoga County? I think Parma has an ordinance banning scanners in cars. Ohio is a home rule state, so individual municipalities (but not counties or townships) can make their own rules on this issue and enforce them on anybody who just happens to be passing through (so, for example, when you're driving down 271 just in Cuyahoga County, you're subject to the jurisdiction of 11 separate cities or villages).

 

[Swipesy]

Where at in Cuyahoga County? I think Parma has an ordinance banning scanners in cars. Ohio is a home rule state, so individual municipalities (but not counties or townships) can make their own rules on this issue and enforce them on anybody who just happens to be passing through (so, for example, when you're driving down 271 just in Cuyahoga County, you're subject to the jurisdiction of 11 separate cities or villages).

I don't know if you are right on local over ruling state laws. I think it is a mixed bag. For instance concealed gun carry follows state law. Cell phone usage follows local law since there is not a State wide ban on use of cell phones in cars. Again I am not a lawyer so I have no specific knowledge on who over rules who, but in the case of scanners I believe there is a State law allowing mobile use so I don't know if a local ordinace over rules that. I don't want to be the guy to test who is right either.

 

[ibagli]

As far as I know, state law is silent on having scanners in cars, so there's nothing to overrule. And there certainly are municipalities that think they have the power to ban them, even if it turns out that they don't.

 

[Swipesy]

Ohio is a home rule state, so individual municipalities (but not counties or townships) can make their own rules on this issue and enforce them on anybody who just happens to be passing through .

In further support of my position on Parma or any other community having an anti-scanner law I found the following exerpt from an article on "Home Rule".

Ohio is a “Home Rule” state, which means municipalities (i.e., cities and villages) are granted
the authority to enact certain laws and ordinances, so long as they are not in conflict with general
laws of the state.

Again, I am not a lawyer nor do I want to test an ordinance if it exists in a local Ohio community, but I think we are on save ground using a scanner mobile in Ohio as long as you conform to the "State" law.

 

[steveh552]

Getting legal advice from a cop is like getting surgical advice from an emt. Cops are the worst to ask for legal advice but if they tell you something is illegal ask them to show you the statue.

--------------------------------------
Sent from my Sprint Photon using Tapatalk

 

[ibagli]

Again, I am not a lawyer nor do I want to test an ordinance if it exists in a local Ohio community, but I think we are on save ground using a scanner mobile in Ohio as long as you conform to the "State" law.

What state law?

 

[ptlm212]

Portable scanner

The officer that told me that works for Mayfield Heights...

 

[lall66]

scanners in ohio

i am not a lawyer but i have never heard of a Ohio State law against the use of a moblie scanner except you cannot use it for a criminal tool and you cannot repeat or reproduce what you may have heard on the scanner. i have had a scanner in my cars for 37+ years. But i have been a firefighter for 31yrs and a paramedic for 4yrs prior to that. But i must tell you dont get cocky with them. Most police officers dont like them. Take care & be safe

 

[budevans]

dmolique,

Technically to be absolutely sure, you need to check the laws for the municipalities you might travel to. As an example the City of Brooklyn has a law that forbids cell phone use while in a car.

In Ohio the State Law is defined in the Ohio Revised Code. But, the State recognizes that municipalities may have unique requirements that the State Laws don't cover. So in Ohio there is also Home Rule, which allows a municipality to create a Charter to define local laws.

Where it gets sticky is how you define whats unique to your town. Mayors and Councils tend to take a broad view of the local powers verses the state, while your local Law Director might lean towards strict Ohio Revised Code interpertation. If a town passes a law in conflict with the Ohio Revised Code the State can challenge the local law in court.

By the way, Parma does not have a Charter. There was an article in the Cleveland Plain Dealer a week or two a go regarding folks in Parma trying to get enough signatures to put a Charter referendum on the ballot. So Parma currently isn't covered by Home Rule.

FYI: I was a member of my towns 2011 Charter Commission.

 

[Swipesy]

What state law?

That is my point. There is no Ohio state law specific to scanners. The abscence of a law pretty much allows a local community to pass an anti scanner law if it wishes under Home Rule. However, the Ohio Revised Code requires local communities that pass laws impacting the use of a motor vehicle through their community to post such law(s) at the borders of communities announcing such law. Whether scanners and cell phones are included with State law use of motor vehicles, I don't know.

There are two old adages (1) you never want to get caught up in the legal system (2) you never want to get mired up with the IRS.

I subscribe to those two adages. I have never been questioned by any police officer about my very visible scanner in my vehicle within any community in NE Ohio. If the day comes then I personally will conform to their regs.

 

[socrfan]

You might want to check out this site about Ohio laws pertaining to scanners and other items in your car.
Mobile Scanner & RADAR Detector Laws In The U.S.