Scanner Laws in Louisiana

[Jon_in_Metairie]

In the general forum (and apparently the Florida forum) there is discussion regarding legality of scanner use. In particular, they are saying that scanner use in vehicles or businesses is illegal in Florida.

Are there any laws like this in Louisiana? Riding around in the car is my favorate place to listen to the scanner.

Thanks

 

[INDY72]

As far as i know, there is no STATEWIDE statute regarding the usage of scanners, local statutes might be in effect, byut by STATE law in LA they are fully legal.

 

[red8]

Loiusiana Scanner Laws

As far as i know, there is no STATEWIDE statute regarding the usage of scanners, local statutes might be in effect, byut by STATE law in LA they are fully legal.

milf,
There is no statewide law about riding around with a scanner
in your car. Louisiana law considers your car as an extension
of your home so in car scanner use is ok as long as it is not used
to impede the response of an emergency vehicle or use it in the
commission of a crime.
red8
go Junior, win at daga tomorrow

 

[kd5pck]

FROM www.municode.com , taken from the Code of Ordinances for Jefferson Parish:


Sec. 20-25. Monitoring, using police radio frequencies.
(a) Monitoring. It shall be unlawful for any person to monitor the radio frequency of signals of the office of the sheriff.
(b) Answering police radio calls. It shall be unlawful for any person to follow up or answer police radio calls or to in any way, interfere with the sheriff or his deputies, by answering the radio calls on his frequency.
(c) Frequency defined. Frequency means that frequency or wave length which is used by the sheriff's office in and for the parish.
(d) Applicability. The provisions of this section shall not apply to the employees of the federal or state governments or to those persons who have the written consent of the sheriff.
(Ord. No. 16312, § 1, 1-9-85)


This law has been around for a while and is the only one that I know of in the greater New Orleans area. I checked several neighboring parishes and could not find any ordinance similar to this one. I also checked a few of the incorporated cities in Jefferson, St. Tammany, and St. Charles and found no laws like this as well.
Now how many of you have been breakin the law in Jefferson Parish? Count me in those numbers.
The only mention of receiving police frequencies in New Orleans reads as follows:

Sec. 54-446. Commercial use of police communications.
(a) It shall be unlawful for any person who receives the radio communications transmitted by the police department radio station (bearing call letters KKC 626, WYK 466, WYK 467, WSL 709, KAD 0140, KYL 797, KV 6123, WZM 711, WZM 712, KRQ 21, KG 7934, KRQ 22, KRQ 23, KRQ 24, KRQ 25, KRQ 26, KRQ 27, KRQ 28, KRQ 29, KRQ 30, KRQ 31, KRQ 32, KRQ 33, KRQ 34 and KRQ 35, or any assigned frequencies) or the radio communications transmitted by any vehicle or other unit of the police department (with assigned frequencies under KKC 626, WYK 466, WYK 467, WSL 709, KAD 0140, KYL 797, KV 6123, WZM 711, WZM 712, KRQ 21, KG 7934, KRQ 22, KRQ 23, KRQ 24, KRQ 25, KRQ 26, KRQ 27, KRQ 28, KRQ 29, KRQ 30, KRQ 31, KRQ 32, KRQ 33, KRQ 34 AND KRQ 35) to use the information contained in such radio communications in any manner whatsoever for the purpose of obtaining private gain, business advantage or financial profit of any nature or description.
(b) The prohibition against the use of such information obtained from city police department radio broadcasts for such purpose shall apply both to any person who receives such information directly by listening to such radio broadcasts on a radio receiving set, as well as to any person who obtains such information indirectly from a third person who heard or received such broadcasts on a radio receiving set when the person receiving such broadcasts has knowledge of the source of such information.
(Code 1956, § 42-88)


If anyone wants to get rid of their mobile or portable scanner for fear of being arrested, feel free to contact me and I will gladly take them off your hands at no cost.

---Scott
KD5PCK

 

[bpckty1]

From what Scott posted, it looks like the TV, Radio, and Newspaper reporters in NOLA should be locked up. I'm sure they are all carrying the permission papers in their wallets next to their drivers license and station ID cards. And, since they report what they heard on the radios, and from following what they heard to the scenes, everyone who "indirectly" received the information from the TV, radio, and newspapers, should be locked up, too.

;^>

 

[n4voxgill]

from the wording it would impact wrecker companies, doubtful that a newsagency would be covered as their income is from commercials not from a specific news story. It would cover a stringer that chases police calls and then tries to sell the pictures.

 

[red8]

I've been down in the Metro New Orleans area with my scanner with
me and I've never had any problems from the local constabularies
about having one in my car. But then I do not go around the streets
with it in my hand to alert suspicion. I did have a good friend of mine
who worked in Jefferson Parish and he did tell me many years ago
that if you want to carry one in your car to listen to, you would have
to have to acquire a permit. The local PD' down there have gotten to
many other things to worry about. I mean they're not going to come
and knock or bust your door down and take your equipment unless
you are having it in possesion while committing a criminal offense.
red8

 

[n1das]

FROM www.municode.com , taken from the Code of Ordinances for Jefferson Parish:


Sec. 20-25. Monitoring, using police radio frequencies.
(a) Monitoring. It shall be unlawful for any person to monitor the radio frequency of signals of the office of the sheriff.
(b) Answering police radio calls. It shall be unlawful for any person to follow up or answer police radio calls or to in any way, interfere with the sheriff or his deputies, by answering the radio calls on his frequency.
(c) Frequency defined. Frequency means that frequency or wave length which is used by the sheriff's office in and for the parish.
(d) Applicability. The provisions of this section shall not apply to the employees of the federal or state governments or to those persons who have the written consent of the sheriff.
(Ord. No. 16312, § 1, 1-9-85)


This law has been around for a while and is the only one that I know of in the greater New Orleans area. I checked several neighboring parishes and could not find any ordinance similar to this one. I also checked a few of the incorporated cities in Jefferson, St. Tammany, and St. Charles and found no laws like this as well.
Now how many of you have been breakin the law in Jefferson Parish? Count me in those numbers.
The only mention of receiving police frequencies in New Orleans reads as follows:

Sec. 54-446. Commercial use of police communications.
(a) It shall be unlawful for any person who receives the radio communications transmitted by the police department radio station (bearing call letters KKC 626, WYK 466, WYK 467, WSL 709, KAD 0140, KYL 797, KV 6123, WZM 711, WZM 712, KRQ 21, KG 7934, KRQ 22, KRQ 23, KRQ 24, KRQ 25, KRQ 26, KRQ 27, KRQ 28, KRQ 29, KRQ 30, KRQ 31, KRQ 32, KRQ 33, KRQ 34 and KRQ 35, or any assigned frequencies) or the radio communications transmitted by any vehicle or other unit of the police department (with assigned frequencies under KKC 626, WYK 466, WYK 467, WSL 709, KAD 0140, KYL 797, KV 6123, WZM 711, WZM 712, KRQ 21, KG 7934, KRQ 22, KRQ 23, KRQ 24, KRQ 25, KRQ 26, KRQ 27, KRQ 28, KRQ 29, KRQ 30, KRQ 31, KRQ 32, KRQ 33, KRQ 34 AND KRQ 35) to use the information contained in such radio communications in any manner whatsoever for the purpose of obtaining private gain, business advantage or financial profit of any nature or description.
(b) The prohibition against the use of such information obtained from city police department radio broadcasts for such purpose shall apply both to any person who receives such information directly by listening to such radio broadcasts on a radio receiving set, as well as to any person who obtains such information indirectly from a third person who heard or received such broadcasts on a radio receiving set when the person receiving such broadcasts has knowledge of the source of such information.
(Code 1956, § 42-88)


If anyone wants to get rid of their mobile or portable scanner for fear of being arrested, feel free to contact me and I will gladly take them off your hands at no cost.

---Scott
KD5PCK

How does Jefferson Parish get around the "It shall NOT be unlawful..." clause in Public Law 99-508 The Electronic Communications Privacy Act of 1986 (ECPA'86)? ECPA'86 (federal law) specifically states that it SHALL NOT be unlawful to monitor radio transmissions made by police or any of the emergency services. ECPA'86 doesn't specify which particular radio transmissions made by police, fire, etc. shall not be unlawful to monitor. ECPA'86 simply states that it SHALL NOT BE UNLAWFUL to monitor them, period. As is reads, Jefferson Parish's law appears to directly conflict with federal law since it outright prohibits monitoring, even if you don't divulge or use the contents of any communication(s) monitored.

Since federal law specifically states IT SHALL NOT BE UNLAWFUL to monitor these transmissions, it looks like there's solid grounds for preemption of these state/local law(s). As long as you're not monitoring the cop's cell phones, you don't run afoul of ECPA '86 either.

If you run into an issue with these state/local laws in Jefferson Parish, I say sue the bastards! Good lawsuit material in federal court, IMHO.

New Orlean's law prohibiting using any information overheard for personal gain is already covered by Section 705 of the Communication Act of 1934, as amended. New Orleans however made it too specific by listing the department's callsigns. The "list" will eventually become obsolete over time as the radio system gets changed/upgraded and new licenses are issued by the FCC and old licenses expire. Some of those callsigns look OLD!!! This law is redundant, contains details (FCC callsigns) that are totally outside the state's jurisdiction, and is unnecessary since the issue is already covered by federal law (Section 705, Communications Act of 1934).

Disclaimer: I'm not a lawyer and I don't pretend to be one either. These are my opinions only, so take them with a grain of salt. I'm just pointing out that Jefferson Parish's law appears to conflict with federal law which specifically states IT SHALL NOT BE UNLAWFUL to monitor radio transmissions made by police, fire, and emergency services.

Good luck.