Yeah. If you're a defense attorney like you say then there is no reason you should be asking on this forum. You should be able to get your hands on the VA Law Books extremely easily, especially since you live in D.C. I smell something fishy here...
Only if it is used in conjunction with committing a crime / acts of terrorism.
I have a scanner in my truck. I have the volume down low. I can hear about accidents and I usually avoid them.
Most of us who use them are EMS and Fire and Law Enforcement, Ham radio operators, Air/Rail road/ hobbyists, Security services, Neighborhood Watch groups and news media / reporters.
The ones that make it bad are the ones who use it to commit a crime / act of terrorism or to impersonate an officer, EMS or Fire crew member.
I can remove my scanner when I am not using it and I can take it inside the house. I also have an Amateur Radio license that permits me to have a radio that is capable of receiving conventional frequencies.
I am unable to afford these high-dollar trunking scanners right now. They're really interesting to have if they have the military freqs between 225 and 400 MHz without the gaps.