Scanner Law

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KR4BFV_motorola_guy

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843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law

enforcement officers; definitions; exceptions; penalties.—

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the

Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part Il of chapter 489, operating a central monitoring system.

(2) As used in this section, the term:

(a) "Emergency vehicle" shall specifically mean:

  1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business;
  2. Any fire department vehicle of any city or county of the state or any state fire department vehicle;
  3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor
Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state;

4. Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any county in the

state when said vehicle is to be assigned the use of frequencies assigned to the said county;

5. Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief of any city in

the state when said vehicle is to be assigned the use of frequencies assigned to the said city.

(b) "Crime watch vehicle" means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the apropriate

sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies

assigned to the county or city. Such approval shall be renewed annually.

(3) This section does not apply to the following:

(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications

Commission.

  1. Any recognized newspaper or news publication engaged in covering the news on a full-time basis.
  2. Any alarm system contractor certified pursuant to part Il of chapter 489, operating a central monitoring system.
  3. Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined
in s. 496.404 while using personal transportation to and from work.

(e) An employee of a government agency that holds a valid Federal Communications Commission station

license or that has a valid agreement or contract allowing access to another agency's radio station.

(4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
 

dave3825

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Simple web search says,

843.167 Unlawful use of police communications; enhanced penalties.—

(1) A person may not:
(a) Intercept any police radio communication by use of a scanner or any other means for the purpose of using that communication to assist in committing a crime or to escape from or avoid detection, arrest, trial, conviction, or punishment in connection with the commission of such crime.
(b) Divulge the existence, contents, substance, purport, effect, or meaning of a police radio communication to any person he or she knows to be a suspect in the commission of a crime with the intent that the suspect may escape from or avoid detention, arrest, trial, conviction, or punishment.

(2) Any person who is charged with a crime and who, during the time such crime was committed, possessed or used a police scanner or similar device capable of receiving police radio transmissions is presumed to have violated paragraph (1)(a).
(3) The penalty for a crime that is committed by a person who violates paragraph (1)(a) shall be enhanced as follows:
(a) A misdemeanor of the second degree shall be punished as if it were a misdemeanor of the first degree.
(b) A misdemeanor of the first degree shall be punished as if it were a felony of the third degree.
(c) A felony of the third degree shall be punished as if it were a felony of the second degree.
(d) A felony of the second degree shall be punished as if it were a felony of the first degree.
(e) A felony of the first degree shall be punished as if it were a life felony.
(4) Any person who violates paragraph (1)(b) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
 

Whiskey3JMC

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Depends on the state. If it is California you are asking about, murder and theft are legal, but using a gasoline power mower is illegal. So who know which side scanners fall on the line.
I'm sure the OP is asking about Florida given what forum they posted to. Then again these days who knows?
 

AB5ID

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Is this referring to the On Patrol: Live TV show from this past weekend, where an officer threatened to charge a woman with using a "communication device" while being arrested because she said she was listening to Broadcastify on her phone?
 

emscapt9816

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(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
 

N4KVE

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Is this referring to the On Patrol: Live TV show from this past weekend, where an officer threatened to charge a woman with using a "communication device" while being arrested because she said she was listening to Broadcastify on her phone?
Well she broke the law by listening to police calls, & she used her cellphone to do it. Usually that’s an add on charge when drug dealers contact each other to make a “deal”.
 

jtwalker

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I'm sure the OP is asking about Florida given what forum they posted to. Then again these days who knows?
I missed that (or it was moved after I responded…) but I saw location as Beverly Hills and ass-u-med. I know there is a Hollywood in FL but hadn’t heard of a Beverly Hills in FL.
 

seagravebuff60

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Is this referring to the On Patrol: Live TV show from this past weekend, where an officer threatened to charge a woman with using a "communication device" while being arrested because she said she was listening to Broadcastify on her phone?
What episode was this? Friday or Sat? How far into the episode?
 

dave3825

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What is the law about owning a scanner? I know you can't transport one in a vehicle but is that all?

OP asked about owning and stated he knows about the transport law.

(3) This section does not apply to the following:
(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.


(3) & (a) fall under 843.16 transport law. They are not in 843.167 Unlawful use of police communications





Well she broke the law by listening to police calls, & she used her cellphone to do it.

I did not see the episode, what law did she break by listening? Was she committing a crime or relaying info to someone committing a crime?
 

seagravebuff60

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What is the law about owning a scanner? I know you can't transport one in a vehicle but is that all?
Here is the law in florida. Other states have different laws.
Florida Chapter 843 Section 167:
Unlawful use of police communications; enhanced penalties.
(1) A person may not:
(a) Intercept any police radio communication by use of a scanner or any other means for the purpose of using that communication to assist in committing a crime or to escape from or avoid detection, arrest, trial, conviction, or punishment in connection with the commission of such crime.

I don't want to hijack this thread if I'm straying from the original topic. For those asking, it was Saturday night's On Patrol Live, right at the beginning of the show. Broadcastify was specifically mentioned by the person getting arrested. :whistle:
Thanks. I rewatched the segment. The officer was referring to the law above.

Well she broke the law by listening to police calls, & she used her cellphone to do it. Usually that’s an add on charge when drug dealers contact each other to make a “deal”.
Listening to police calls is not illegal. Using it to aid in the commission of a crime is. That's what happened in the episode.
 

Sierra-117

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If you have a ham license, you can have a police scanner in the car in Florida. Its the main reason I got my ticket.(Ham license).

 

batdude

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As expected. this thread is locked. it's pinned as a sticky in this forum.

 
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