Any of our SD members wanna advise me on this real quick I might be in Rapid City this week and would like to listen to the PD/FD there.
Interesting that you left out the section that the OP was asking about.South Dakota Codified Law
Chapter 23-4: Safeguard of Law Enforcement Radio Communications
§23-4-2 No person who has been convicted of a felony in this state or elsewhere within the past ten years shall posses any frequency modulation receiving equipment capable of being so adjusted or tuned as to receive messages or signals on frequencies assigned by the federal communications commission to local or state law enforcement officers, or to the state or any of its agencies. Any person who violates this section is guilty of a Class 2 misdemeanor. Nothing in this section shall be constructed to affect any radio station licensed by the federal communications system.
§23-4-3 At the discretion of the attorney general or the legal licensee of each county or municipality, a permit to monitor said assigned frequencies may be issued. Such permit will apply to fixed monitors in authorized places of business. Application for such permit will be made in writing to the attorney general for frequencies assigned to the state of South Dakota and to the sheriff or fire chief for frequencies assigned to various counties and to the chief of police and fire chief of the various municipalities.
§23-4-4 This chapter does not apply to any holders of a valid amateur radio operator or station license issued by the federal communications commission.
Based on that, it is illegal to have a scanner in a vehicle in the state of SD unless you have a permit (I never heard of one being issued) or a valid amateur radio license.
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§23-4-5. Unlawful possession of receiving set or converter without permission--Seizure by peace officer. The possession of any receiving set or converter described in § 23-4-2 in any vehicle or business establishment, without permission pursuant to § 23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be deemed contraband and shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.
Based on that, it is illegal to have a scanner in a vehicle in the state of SD unless you have a permit (I never heard of one being issued) ……
I will agree with that, but the part I like is:...
I think the whole CHAPTER 23-4 is poorly worded and ambiguous.
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I hold a no-code tech license. It didn't matter. I had two mobiles confiscated with the only explaination being that I couldn't have a "mobile" under any circumstance. .
No, I don't think so. He was last here (in the forums) in February, 2006 and the page I linked earlier was actually updated in 2007. However he has been on the ScanSD Yahoo list as recently as late as this past May.I wonder if they have sent poor Jason up the river? His link to ge-stinks.org seems to be to a website under construction and his “South Dakota Scanner Page” has not been updated since 2005.
Interesting that you left out the section that the OP was asking about.
§23-4-5. Unlawful possession of receiving set or converter without permission--Seizure by peace officer. The possession of any receiving set or converter described in § 23-4-2 in any vehicle or business establishment, without permission pursuant to § 23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be deemed contraband and shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.Based on that, it is illegal to have a scanner in a vehicle in the state of SD unless you have a permit (I never heard of one being issued) or a valid amateur radio license. BTW, it is no more illegal in Aberdeen than anywhere else in the state and the police chief that went on that tear in 2003 was removed from office. The fact is, most LE people in SD don't care, but I do know of at least one person (in Roberts Co.) who lost his Pro-96 for no other reason than it was in the vehicle when he was stopped for another reason (it was not on, just sitting in the cup holder.)
You can see the appropriate statue yourself here.