Indiana’s law regarding police scanners in vehicles often causes confusion. While not explicitly banned, using a scanner while driving can lead to a Class B misdemeanor charge. This article clarifies the law, potential penalties, and offers advice for scanner enthusiasts in Indiana.
Understanding Indiana’s Scanner Law
The legality of using a police scanner in a car in Indiana hinges on interpretation. The law prohibits using a mobile radio receiver to intercept and divulge information related to criminal activity. This ambiguity leaves room for varying interpretations, making it crucial to understand the nuances.
Penalties for Illegal Scanner Use
While rarely enforced, the penalty for illegal scanner use in Indiana is a Class B misdemeanor. This can result in fines and even jail time. However, most officers issue warnings upon discovering a scanner in a vehicle. The severity of the consequence often depends on the context of the situation and the officer’s discretion.
Practical Advice for Scanner Owners in Indiana
Several precautions can minimize the risk of legal trouble when using a police scanner in your car:
- Obtain written permission: Contact your local sheriff’s department and request written authorization to use a scanner in your vehicle. While not legally required, this documentation can demonstrate responsible intent. Some individuals have successfully obtained such permission.
- Avoid external antennas: Using an external antenna can attract unwanted attention. A less conspicuous antenna, like a magnet-mount CB antenna, can be an alternative for receiving similar frequencies.
- Discreet operation: Avoid drawing attention to your scanner use. Refrain from frequenting accident scenes or police activity. If approached by law enforcement, turn off the scanner and conceal it. Consider wiring the scanner to turn off with the ignition.
- Focus on railroad frequencies: Programming your scanner primarily with railroad frequencies can provide a justifiable explanation for its presence if questioned by authorities. Clearly displaying the frequency list can further support this claim.
- Common sense prevails: Exercise caution and discretion. If a situation feels uncomfortable or potentially illegal, prioritize compliance with the law.
Alternatives to In-Car Scanners
For those concerned about the legal grey area, alternatives to in-car scanners exist:
- Home scanners: Using a scanner at home avoids the legal complexities of mobile use.
- Online scanner feeds: Numerous websites and apps provide live streams of police and emergency radio traffic.
- Amateur radio license: Obtaining an amateur radio license grants broader privileges for radio communication, potentially including scanner use in a vehicle. However, this requires passing an exam and understanding FCC regulations.
Conclusion: Proceed with Caution
While owning a police scanner isn’t inherently illegal in Indiana, using one in your car requires careful consideration. The law’s ambiguity and potential penalties necessitate a cautious approach. By following the advice outlined above, scanner enthusiasts can minimize their legal risk and continue enjoying their hobby responsibly.
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