Navigating the legality of devices in your car can sometimes feel like deciphering a complex code. For residents and visitors of Indiana, a common question arises: are police scanners legal in your car in Indiana? The answer, grounded in Indiana state law, is generally yes, with crucial caveats. This article breaks down the specifics of Indiana Code IC 35-44-3-12, shedding light on when and how police scanners are permissible in vehicles within the state.
Decoding Indiana’s Police Scanner Law: IC 35-44-3-12
Indiana law addresses the use of police radios under Indiana Code 35-44-3-12, titled “Unlawful use of a police radio; exemptions; ‘police radio’ defined.” It’s essential to understand that possessing or using a police scanner in Indiana isn’t inherently illegal. The law focuses on the unlawful use, specifying scenarios that could lead to a Class B misdemeanor charge.
What Constitutes Unlawful Use?
According to subsection (a) of IC 35-44-3-12, unlawful use of a police radio occurs when a person knowingly or intentionally does any of the following:
- Possesses a police radio: Simply owning a police scanner.
- Transmits over police frequencies: Broadcasting on frequencies reserved for police emergencies.
- Possesses or uses a police radio in furtherance of criminal activity: This includes using a scanner:
- While committing a crime.
- To help commit a crime.
- To evade law enforcement detection.
Violation of these points can result in a Class B misdemeanor in Indiana. However, the law provides significant exemptions that protect the vast majority of scanner users.
Exemptions: When is a Police Scanner Legal in Your Car?
Subsection (b) of IC 35-44-3-12 outlines several exemptions to the prohibitions mentioned above. These exemptions are critical in understanding the legal landscape for police scanners in cars in Indiana. If you fall under any of these categories, the restrictions on possession and (in some cases) transmission do not apply. Let’s examine these exemptions:
- Governmental entities: This exemption covers government agencies at all levels (local, state, federal).
- Regularly employed law enforcement officers: Police officers and other law enforcement personnel are naturally exempt.
- Common carriers of persons for hire in emergency service vehicles: This includes taxis, buses, and similar services when their vehicles are used in emergency situations.
- Public service or utility companies in emergency service vehicles: Utility companies and public services using vehicles for emergency response are also exempt.
- Individuals with written permission: Anyone holding written authorization from the chief executive officer of a law enforcement agency to possess a police radio is exempt. This might cover researchers, security personnel, or others with a legitimate need.
- Amateur radio license holders (with limitations): Individuals with an amateur radio license from the FCC are exempt, as long as they are not transmitting on police emergency frequencies. This exemption acknowledges the legitimate use of radio equipment by licensed amateur radio operators.
- Use within dwelling or place of business: The law explicitly exempts using a police radio only within your home or business. This is a broad exemption covering stationary use.
- Newsgathering professionals: This exemption is for journalists and news media personnel actively engaged in newsgathering. It has specific requirements:
- Regular engagement in newsgathering.
- Employment by a qualified newspaper, wire service, or licensed broadcast station.
- Employer provides the employee’s name to the chief law enforcement officer in the county of the employer’s principal office.
- Police radio manufacturers and sellers: Businesses involved in the manufacturing or sale of police radios are exempt, as expected.
- Lawful business use: This is a crucial exemption for many Police Scanner In Car Indiana users. It states that the restrictions do not apply to “a person who possesses or uses a police radio during the normal course of the person’s lawful business.” This broad exemption covers a wide range of professions and activities where a police scanner might be a legitimate tool, such as:
- Towing companies: Monitoring traffic incidents to respond to calls for service.
- Traffic reporters: Gathering real-time traffic information.
- Delivery services: Staying informed about road closures and traffic conditions.
- Security services: Monitoring public safety communications in designated areas.
- News media (beyond exemption 8): Potentially covering broader newsgathering activities than specifically defined in exemption 8.
- Enthusiasts and hobbyists: Depending on interpretation and specific activities, hobbyist use might be considered lawful business in some contexts, although this is less clear and would require careful consideration of intent and activities.
It’s important to note that this “lawful business” exemption is often interpreted broadly, offering significant protection to individuals using police scanners in cars in Indiana for legitimate, non-criminal purposes.
Defining “Police Radio”
The law also defines “police radio” to clarify what devices are covered. According to subsection (c) of IC 35-44-3-12, a “police radio” is a radio capable of:
- Receiving or sending signals on police emergency frequencies: This is the core characteristic.
- Vehicle-operable or portable: It must be able to be installed and operated in a vehicle or carried by a person.
Importantly, the definition explicitly excludes “a radio designed for use only in a dwelling.” This suggests that basic desktop scanners intended for home use, and not designed for vehicular or portable use, might fall outside the definition of a “police radio” under this specific statute. However, this distinction is less relevant for the context of police scanners in cars in Indiana, as vehicle-capable scanners are the primary focus.
Staying Legal with Your Police Scanner in Indiana
In conclusion, possessing a police scanner in your car in Indiana is generally legal, thanks to the exemptions in Indiana Code IC 35-44-3-12. The key is to ensure your use falls under one of the exemptions, particularly the “lawful business” clause. Avoid using your scanner to commit or further crimes, or to evade law enforcement. Stick to receiving transmissions and refrain from broadcasting on police frequencies unless explicitly authorized or exempt (e.g., licensed amateur radio operator, and even then, not on police emergency bands).
By understanding and adhering to these guidelines, you can legally utilize a police scanner in your vehicle in Indiana for various legitimate purposes, from enhancing your business operations to simply staying informed about public safety activity in your area. Always prioritize responsible and lawful use to ensure you remain within the bounds of Indiana law.
