Having a police scanner in your car can be a valuable tool for staying informed about local emergencies and events in Minnesota. However, it’s essential to understand the state’s laws and regulations regarding their use. This article outlines the legal requirements for owning and operating a police scanner in your vehicle in Minnesota.
Understanding Minnesota Statute 299C.37
Minnesota Statute 299C.37 governs the use, sale, and possession of police communication equipment, including scanners, within the state. The law aims to regulate the use of these devices to prevent misuse and ensure public safety.
Who Can Use a Police Scanner in Minnesota?
The law permits the following individuals to use police scanners in their vehicles:
- Peace officers within the state: This includes law enforcement personnel such as police officers, sheriff’s deputies, and state troopers.
- Members of the State Patrol: These individuals are specifically authorized to use police scanners as part of their official duties.
- Licensed Amateur Radio Operators: Individuals holding a valid amateur radio license issued by the Federal Communications Commission (FCC) are generally permitted to use scanners in their vehicles. However, this privilege is revoked if the license holder has been convicted of a violent crime, as defined in Minnesota Statute 624.712, subdivision 5, unless specific conditions are met (e.g., ten years have passed since restoration of civil rights or sentence expiration, with no subsequent violent crime convictions). Furthermore, the equipment must be under the direct control of the license holder when in use. Designated personnel of a political subdivision with a permit under Subdivision 3 are also allowed to use and possess the equipment during their official duties.
Permit Requirements for Scanner Use
While law enforcement and licensed amateur radio operators are generally permitted to use scanners, others may require a permit. The Superintendent of the Bureau of Criminal Apprehension (BCA) can issue a nontransferable permit to individuals, businesses, or organizations demonstrating “good cause” for using a police scanner. This typically involves demonstrating a legitimate need related to a business, trade, or occupation.
Exemptions from Permit Requirements
Emergency response personnel, as defined in section 299F.092, who are members of a public safety agency (defined in section 403.02) are exempt from the permit requirement when using agency-issued radio equipment under specific circumstances. These include:
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Written permission from the FCC License Holder: If the agency has obtained written consent from the holder of the relevant FCC license for the use of specific frequencies.
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Authorized Use on ARMER System or Interoperability Frequencies: If the agency is authorized to use the ARMER public safety radio system or police interoperability frequencies following Statewide Radio Board standards (section 403.37) and applicable rules.
Penalties for Violations
Violating Minnesota Statute 299C.37 can result in various penalties. Unauthorized use of a police scanner can lead to misdemeanor charges for a first offense and gross misdemeanor charges for subsequent offenses. For licensed amateur radio operators, failure to carry and present their license upon request by a peace officer is a petty misdemeanor for the first offense and a misdemeanor for subsequent offenses.
Conclusion
Using a police scanner in your car in Minnesota is subject to specific legal requirements. Understanding and adhering to these regulations, including permit requirements and exemptions, is crucial to avoid potential penalties. If you’re unsure about the legality of using a police scanner in your vehicle, consulting with a legal professional or contacting the BCA is recommended. Staying informed about local laws and regulations ensures responsible and legal use of police scanners.
