Oklahoma Scanner Law

[rusd]

Can someone that knows for sure ,tell me what or how the law is on scanners in your car.
I have read the State Title 21-1214 i think it was and its not real clear to me.
Just like to listen when i'm driving.

 

[car2back]

I'm not a lawyer, but I interpret it as the only time carrying a scanner becomes illegal is if you are carrying it while committing a crime. You're fine listening to it in the car, I used to monitor the Tulsa TRS 5 days a week on my commute to and from work

It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

OSCN Oklahoma laws citationized

 

[pappy1]

Can someone that knows for sure ,tell me what or how the law is on scanners in your car.
I have read the State Title 21-1214 i think it was and its not real clear to me.
Just like to listen when i'm driving.

The Law: *It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

The law states in part: It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime.
The key word: And not otherwise.
So it is not illegal to listen while you drive. I hope this helps.[/font]

 

[rusd]

OKlahoma Scanner Law

That was one part that wasn't clear about .
And would that mean if you made a turn without signaling or a broken tail light ,would that make it illegal ?

 

[xxxsandman]

Ya or speeding!

So another words from the way I read it, if you are doing something to warrant being pulled over (commiting a crime, like speeding, illegal lane change, etc), the scanner is illegal at that point, as you would be operating a mobile radio capable of receiving transmissions made by any law enforcement agency while committing a crime.

It's a federal offense that can carry 3 years of jail time. That could make the speeding ticket seem not so bad!

 

[car2back]

It's a federal offense that can carry 3 years of jail time. That could make the speeding ticket seem not so bad!

Where did you get the federal offense part? and just FYI traffic violations are not criminal offenses :wink:

Title 47= Traffic statutes

Title 21= Criminal statutes

 

[Medic32]

so basicly there is no law agianst listening to a scanner while driving, as long as your not committing anything other that a traffic violation?

btw phil nice avatar!

 

[car2back]

btw phil nice avatar!

I couldn't resist stealing it from you :lol: Too bad you can't see the guy's face though like in the big copy.

Yes, you can listen to a scanner anywhere you want, just don't commit a crime (assault, robbery, murder, rape, manufacture or posses drugs, etc.) and you'll be fine.

Section 1214 is an add-on charge written as "Operates radio receiving police frequencies for illegal purposes"

 

[n4voxgill]

this is one of the laws so poorly written that you don't know what it means. There are two times you can't have a mobile radio that can receive law enforcment
1. for illegal purposes
2. while in the commission of a crime
if you don't know the prosecutors definition of illegal purpose than you could be in trouble. Also what traffic offenses are crimes? Could be all, or certain named ones.

 

[Chaos703]

What about (I don't know the legal definition) making a nuisance of yourself — chasing incidents around and getting in the way? Is that a form of obstruction? And if so, does (can) that fall under the definition of "illegal purposes or while in the commission of a crime?"

 

[xxxsandman]

Where did you get the federal offense part? and just FYI traffic violations are not criminal offenses :wink:

Title 47= Traffic statutes

Title 21= Criminal statutes

Oops I was wrong on the Federal offense part. It's State prison time, none the less, not good.

I agree it's writtten in a way that seems it could be misused if someone wanted to give you trouble. It doesn't specify Title 21 versus Title 47, just simply while committing a crime.

 

[car2back]

I agree it's writtten in a way that seems it could be misused if someone wanted to give you trouble. It doesn't specify Title 21 versus Title 47, just simply while committing a crime.

"for illegal purposes or while in the commission of a crime"
How do you you use a scanner to facilitate a traffic offense? You operated the scanner so you could change lanes without signaling? :lol: How would the arresting officer prove that? Furthermore a moving violation is NOT a crime. Criminal statues are listed in a totally different place then traffic offenses in the state laws, and there is are separate dockets for criminal and traffic court. There is no way you can legally be charged with this solely based on a traffic ticket. Even if it was filed, a defense attorney would have a hayday, and the DA would probably be looking for a new job.

 

[Secret_Squirrel]

"for illegal purposes or while in the commission of a crime"
How do you you use a scanner to facilitate a traffic offense? You operated the scanner so you could change lanes without signaling? :lol: How would the arresting officer prove that? Furthermore a moving violation is NOT a crime. Criminal statues are listed in a totally different place then traffic offenses in the state laws, and there is are separate dockets for criminal and traffic court. There is no way you can legally be charged with this solely based on a traffic ticket. Even if it was filed, a defense attorney would have a hayday, and the DA would probably be looking for a new job.

Be careful sir. You know what happens when you start throwing logic out there. Heaven forbid someone start making sense as well!

 

[xxxsandman]

I was just posting my laymans take of the way the scanner law was worded that was posted above. I know nothing on the subject and I really don't know anything about title this or title that.

It seems speeding and any other moving volation is not a crime, so go ahead and listen to your scanner and speed away

No worries!

 

[RAA9595]

the law in oklahoma. right?

Central Arkansas or Oklahoma, Pappy1?

 

[rusd]

Got to Love Ann