Scanner Law?

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AB4BF

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Hi guys, was thinking that if using a firearm during the commission of a crime can get you 10 extra years tacked on a sentence, how about 10 extra years by using a "police" scanner during the commission of a crime?

Just flyin' it up the flagpole to see what yall think.

Might help slow down encryption a little, IMHO.

Barry
 

gewecke

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Most criminals can't comprehend what they might hear on a scanner to begin with, so they are likely to be caught "red eared " and red handed!
This is the case here with kids using their dumb phones to listen to scanner apps to commit thefts from vehicles, unaware that the feed for this area is no longer online! :wink:

73,
n9zas
 

AB4BF

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Encryption is cheaper than incarceration.
That doesn't work too well when weapons are involved. Although, it might be hard to equate using a weapon to listening to a scanner during the commission of a crime.

Buying and installing an 800 MHz system must not be too cheap, the county emergency director explained to me that our county couldn't afford trunking much less encryption. Heck, we have a hard time keeping our patrolmen in vehicles.
 

W6VVM

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636.5. Any person not authorized by the sender, who intercepts any
public safety radio service communication, by use of a scanner or any
other means, for the purpose of using that communication to assist
in the commission of a criminal offense or to avoid or escape arrest,
trial, conviction, or punishment 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, purport, effect or meaning of
that communication concerning the offense with the intent that the
suspect may avoid or escape from arrest, trial, conviction, or
punishment is guilty of a misdemeanor.
 

W8RMH

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This Ohio law has been used to prosecute persons using a scanner in the commission of a crime.

2923.24 Possessing criminal tools.

(A) No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree.

If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.
 
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AB4BF

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636.5. Any person not authorized by the sender, who intercepts any
public safety radio service communication, by use of a scanner or any
other means, for the purpose of using that communication to assist
in the commission of a criminal offense or to avoid or escape arrest,
trial, conviction, or punishment 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, purport, effect or meaning of
that communication concerning the offense with the intent that the
suspect may avoid or escape from arrest, trial, conviction, or
punishment is guilty of a misdemeanor.
Hi David,

Is that a Federal law or SC state?
 

AB4BF

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This Ohio law has been used to prosecute persons using a scanner in the commission of a crime.

2923.24 Possessing criminal tools.

(A) No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree.

If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.

Hello W8RMH,

Do you happen to know the penalties associated with that law? What do the felony penalties entail?

Thanks,
Barry
 
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