Eastern Railroad Discussion > Radio scanners - illegal in some states?

Are there any states where it's illegal to carry a scanner in your vehicle? I was told several years ago that this was true in a few states. I never really paid attention, but now that I'm about to get an external antenna for my car, it got me wondering. I was thinking about going to Ontario as well and I recall seeing a road side sign mentioning the illegality of some devices - other than just radar detectors. Anybody know for sure?

Quire certain New York state, as well.

Last time I checked Florida, Michigan, Indiana, Kentucky, Minnesota, and New York. This is the main reason I got my HAM license as I live in Ohio which is surrounded by restrictive states.
Derek
KD8CJL

further searching led info below from this page: http://www.afn.org/~afn09444/scanlaws
I learned that the scanner apps are also illegal in the states which never even crossed my mind.


•California - (verified 2012) - Use illegal in furtherance of a crime.


• Florida - (verified 2012) - Use Illegal installed or transported in vehicles unless you are either a licensed alarm system contractor, member of Press ON ASSIGNMENT (*note* that), licensed amateur radio operator, or citizen with written permission from Chief of Police or Sheriff or Chief of Fire Department of your community.


•Indiana - (verified 2012) - Use illegal while mobile. Hams exempted. Includes use of a handheld scanner on a pedestrian, as well.


•Kentucky - (verified 2012) - Use illegal while mobile unless licensed by the FCC. Seizure by officers authorized for infraction, and may be destroyed. Exempted: retailers/wholesalers selling capable radios; commercial, educational, or TV stations used at place of business; individual at his place of residence; commercial towing trucks; newspaper reporters/photographers on duty; disaster & emergency services personnel with written permission by state director of emergency services; person holding valid amateur radio license issued by FCC; peace officers authorized in writing by their agency head; Commonwealth and county attorneys and their assistants. Shall not be used to facilitate crime, or to avoid apprehension.


•Michigan - (verified 2012) - In Michigan scanner possession is now okay. HOWEVER, Use in furtherance of a crime, OR POSSESSION BY FELONS, is illegal. HAMS, however, seem to be exempted (though that wording seems dunsel now), AND, hams would seem to be exempt from the possession by felons / commission during a crime thing. Not what I think the legislators MEANT, but, it's in there, nonetheless. LOL. Seriously. Go look. ;o) (posted 6/7/09)


•Minnesota - (verified 2012) - Mobile scanners illegal except for police and FCC-licensed amateur radio operators or with permission from Superintendant of Bureau of Criminal Apprehension. Use in furtherance of felony illegal.


•Nebraska - (verified 2012) - Seems to say Illegal to use a scanner on person or in vehicle to interfere with police comms, to evade arrest, or for monetary or personal gain; but peace officers, Press, and those with written permission are exempt from this law, and thus, are allowed to use the scanner to those ends. (No kidding! Read it! As it stands, that's exactly how it's interpreted! To Nebraska legislators: I suggest just removing the exemptions, altogether, since the law would seem to apply ONLY to those using scanners in the commission of a CRIME in some way.) This law gets a nice, cautious ORANGE color coding because I'm not exactly sure HOW to interpret their statute, really; and I want to be safe. COULD be okay for the general public to have one; then again, might NOT be. Could lead to interpretation problems. Here, wording too indecisive.


•New Jersey - (2009 law) - Use in furtherance of crime illegal.


•New York - (2002 law) - Possession illegal for anyone without permit.

Posted from iPhone

On my iPhone I can listen to railroadradio.com Try to regulate
that.

Larry
KE6SKJ

Thanks for all the info. I found the website with the details. Makes me wonder if you can even transport one in your trunk while you're heading to a state that has no restrictions?

pummer Wrote:
-------------------------------------------------------
> Thanks for all the info. I found the website with
> the details. Makes me wonder if you can even
> transport one in your trunk while you're heading
> to a state that has no restrictions?


I would think you could, especially if it's battery powered and you remove the batteries first.

There are plenty of legal reasons you could have antennas on the roof that don't involve use of a police-capable scanner, though, so I don't think an officer would have probable cause to pull you over because you have an antenna.

I've been traveling to northwest Indiana since receiving my first scanner in 1985 and never experienced any issues with scanners/law enforcement. I would advise scanner users, however, to deprogram police frequencies from their unit while driving around.

dbo2 Wrote:
-------------------------------------------------------
> I've been traveling to northwest Indiana since
> receiving my first scanner in 1985 and never
> experienced any issues with scanners/law
> enforcement. I would advise scanner users,
> however, to deprogram police frequencies from
> their unit while driving around.


That may not help. I challenged a ticket in New York in 1995 on the grounds that I did not have police frequencies programmed into my scanner, but the local muni court judge -- whom I'm sure had no real interest in siding with an out-of-state defendant against his local cop buddies anyway -- said that it was "capable" of receiving police channels even when they weren't programmed in.

Yikes! I've seen YouTube videos posted by railfans in many of those states (shown to have laws against their use, above) where scanners were HEARD IN USE by railfans. Although, I would hope/presume those videos were made before the laws were enacted.

With regards to not having police frequencies programmed --
some, at least, of the laws state, essentially, "any radio
CAPABLE of receiving police transmissions."

Patch - guess I was right behind you . . . .



Edited 1 time(s). Last edit at 09/20/14 12:45 by NKP715.

rbx551985 Wrote:
-------------------------------------------------------
> Yikes! I've seen YouTube videos posted by
> railfans in many of those states (shown to have
> laws against their use, above) where scanners were
> HEARD IN USE by railfans. Although, I would
> hope/presume those videos were made before the
> laws were enacted.


Those laws have been around since long before YouTube existed. As noted in my previous post, I was cited in New York in 1995. I got pulled over for not wearing my seat belt and while the trooper was writing that ticket, the scanner burbled.

I have never heard of any railfans with scanners running afoul of that issue in any state other than New York, where law enforcement is especially paranoid about everything.

If I were to railfan now in any of those states, I'd be sure to wear my seat belt, otherwise not draw attention to myself.

My suggestion is to get the Amateur radio license. The question pool for a technician license is on-line with the answers and it is only $15 to test. You can also find VE testing on-line in your area. I have had mine since 2003.

One thing I have found is the ham radio's are better receivers even for the railroad frequencies. The Boefang UV-5R handheld radio (dual band) allows for monitoring two frequencies at once and I bought mine before Christmas for $31 plus shipping. It even receives FM broadcast radio stations. I spent about $8 extra for a high gain antenna and about $5 for the programming cable. The software to program it is free. I also own a Vertex VX-150 which at one time was the standard railfan radio (these may be available used). Anyone looking for a mobile radio the Anytone Dual band seems to work really well as well. It too allows for monitoring two frequencies at once.

Ritchie
Fort Wayne, IN
KC9ENU

As a former volunteer firefighter I can tell you that Indiana doesn't enforce there scanner laws unless the feel a "great" need to do so.

Ron Dunker
Elkhart, IN

Indiana was one of the states that I was concerned about after a run-in with some guy several years who said he was in charge of Homeland Security in LaPorte County and told me that photographing trains was illegal. I was standing on an overpass on a lightly-used rural road at the time. I left immediately and went to the county courthouse where a sheriff's deputy told me that I was fine. Every once in a while you come across someone who wants to flaunt their power.

I was pulled over in Russell, KY when an officer saw the rubber duckie on my friends scanner visible in the window. No ticket but he said get back to Ohio and don't bring it back.

I now have my ham license but seem to recall issue with people having scanner apps on phones, but just an extra charge thrown at a criminal if caught.

Posted from iPhone

Thanks for bringing this up. I never thought this would be an issue and I live in Illinois only 30 miles from the Indiana border so it looks like I better stay here to use mine.

Bruce

Thanks everyone for the info.....

The stupid thing is, at least in Indiana, most if not all police and fire departments have gone to the new systems and the old style scanners can't possibly pick up their frequencies anyway. As usual the laws have not kept up with the times. I use mine in Indiana ALl the time and never give it a thought.

Posted from Android

I second the notion that the Indiana law is a joke. Could you imagine the outcry if everyone that brought a scanner to the Brickyard NASCAR race was arrested for doing so - because according to the statue they're breaking the law too.....

Posted from iPhone

Although I would not want to personally fight this battle with local or state police officers or with a local judge, unless the ARRL or some other amateur or legal group pays the legal fees :-), the bottom line is that for licensed radio amateurs these regulations are meaningless. The FCC issued a report and order memorandum in 1993 that preempts all such local and state laws for licensed hams. See: http://www.fireline.org/scanlaws/.%5Claws%5Cscanner%5Cpr_91-36-moo.html. Read especially the "Conclusion" portion of the FCC notice.

Rene Tetro
Lansdale, PA
West Point Community Radio