The basic prohibition of using intercepted communications to aid in a crime is under USC 18, Chapter 119...the "Electronic Communications Privacy Act of 1986".
To paraphrase from the
Police-scanner.info website:
Thanks. Those are the provisions that I had been looking at. They are 18 U.S.C. secs. 2510-2522 which comprise chapter 119 of the U.S. Code. I've reread the current version of that material and am unable to find any specific prohibition on using intercepted communications to aid in a crime. Instead, I find a specific exemption in sec. 2511(2)(g) which provides:
"(g) It shall not be unlawful under this chapter or chapter 121 of this title for any person—
(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted—
(I) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(IV) by any marine or aeronautical communications system;"
It's possible that I missed something, but I don't find that prohibition, particularly in light of the express exemption quoted above. If someone has a specific provision to the contrary, I'd be happy to have it pointed out.
I should point out that various states may have provisions regarding the use of a scanner in the commission of a crime, but so far at least I don't see it in either federal or Wisconsin law. I thought it might fall within the Wisconsin 'obstructing" law, but doesn't seem to fit there either.
73
Dick