Navigating the legality of police scanners can be confusing, especially when you’re on the road. In Indiana, the question of whether having a police scanner in your car is illegal isn’t a simple yes or no. Let’s delve into the Indiana state law to clarify the situation and understand when possessing or using a police scanner in your vehicle is permissible.
Indiana law, specifically IC 35-44-3-12, addresses the “unlawful use of a police radio.” It outlines scenarios where possessing or using a police scanner can lead to legal repercussions. However, it’s crucial to understand that the law also provides significant exemptions, essentially protecting law-abiding citizens who use scanners for legitimate purposes.
The law states that it is illegal to knowingly or intentionally:
- Possess a police radio.
- Transmit over police emergency frequencies.
- Possess or use a police radio while committing or furthering a crime, or to evade law enforcement.
Violating these points is classified as a Class B misdemeanor in Indiana. This might sound concerning for scanner enthusiasts, but the exemptions are where the crucial context lies.
Indiana law explicitly lists several exemptions that make possessing and using a police scanner in your car perfectly legal for many individuals. These exemptions include:
- Governmental Entities: Law enforcement agencies and other government bodies are naturally exempt.
- Law Enforcement Officers: Regularly employed law enforcement officers are permitted to possess and use police radios as part of their duties.
- Emergency Service Vehicles: Common carriers for hire (like ambulances) and public service/utility companies using vehicles in emergency services are exempt when using scanners in those vehicles.
- Permission from Law Enforcement: Individuals with written permission from the chief executive officer of a law enforcement agency are authorized to possess a police radio. This exemption could apply to various individuals assisting law enforcement in specific situations.
- Amateur Radio License Holders: Licensed amateur radio operators are exempt, provided they are not transmitting on police emergency frequencies. This caters to ham radio enthusiasts who might use scanners for monitoring but not for illegal interference.
- Use in Dwelling or Business: Individuals using a police radio solely within their home or place of business are exempt. This acknowledges that scanner use within private property is generally considered lawful.
- Newsgathering Activities: This is a significant exemption for journalists and news media. Reporters regularly engaged in newsgathering, employed by recognized news outlets (newspapers, wire services, licensed radio/TV stations), and whose names are provided to law enforcement, are exempt. This protects the press’s ability to monitor public safety communications for news purposes.
- Manufacturers and Sellers: Businesses involved in manufacturing or selling police radios are naturally exempt, as their operations inherently involve possessing and dealing with these devices.
- Lawful Business Use: This is perhaps the most encompassing exemption for the average citizen. Individuals who possess or use a police radio during the normal course of their lawful business are exempt. This is the key provision that protects many scanner users. If you are using a scanner in your car as part of a legitimate and legal business activity, you are likely protected under this exemption.
It is important to understand what constitutes a “police radio” under Indiana law. The definition is: a radio capable of sending or receiving signals on frequencies assigned by the FCC for police emergency purposes, and it:
- Can be installed, maintained, or operated in a vehicle.
- Can be operated while being carried by an individual.
However, radios designed only for use in a dwelling are not considered police radios under this definition. This distinction clarifies that handheld and mobile scanners fall under the law, while base scanners intended for home use may be treated differently.
In conclusion, while Indiana law does address the “unlawful use of a police radio,” it is structured to target illegal activities, not the সাধারণ use of scanners by law-abiding individuals. The numerous exemptions, especially the one for using a scanner in the course of lawful business, provide broad protection. Therefore, simply having a police scanner in your car in Indiana is generally not illegal, provided you are using it lawfully and not for criminal purposes. Understanding these exemptions is crucial for anyone using or considering using a police scanner in their vehicle in Indiana.
