Navigating the roads while staying informed about local happenings can be appealing, and for some, a Police Scanner In The Car seems like a useful tool. But before you install one in your vehicle in Minnesota, it’s crucial to understand the legal landscape. Minnesota Statute 299C.37 regulates the use, sale, and possession of police communication equipment, particularly in motor vehicles. This law outlines who can legally have a police scanner in their car and under what conditions.
Who Can Legally Equip Their Vehicle with a Police Scanner in Minnesota?
Minnesota law is specific about who is allowed to have radio equipment capable of receiving police frequencies in their vehicles. According to Subdivision 1 of statute 299C.37, the permitted individuals are primarily:
- Peace Officers: Law enforcement officers within the state are naturally authorized to use police scanners in their vehicles as part of their official duties.
- Members of the State Patrol: Similar to peace officers, State Patrol members are also permitted for law enforcement purposes.
- Amateur Radio License Holders: Individuals holding an amateur radio license issued by the Federal Communications Commission (FCC) are also allowed to equip their vehicles with police scanners. However, this privilege comes with specific conditions.
It’s important to note that even for amateur radio license holders, there are stipulations. If a license holder has a history of violent crime convictions, their right to use a police scanner in a vehicle is restricted. Specifically, if convicted of a crime of violence as defined in section 624.712, subdivision 5, they must wait ten years after civil rights are restored or sentence expires, provided they have not been convicted of another crime of violence during that period. Furthermore, when used, the radio equipment must be under the direct control of the licensed amateur radio operator. They must also carry their amateur radio license in the vehicle at all times and present it to a peace officer upon request. Failure to do so is a petty misdemeanor, with subsequent violations escalating to a misdemeanor.
When is a Permit Required for a Police Scanner in a Car?
For individuals who do not fall into the categories above, possessing or using police radio equipment in a vehicle generally requires permission. Subdivision 1 states that anyone not a peace officer, state patrol member, or qualified amateur radio license holder needs permission from the superintendent of the bureau. This permission is granted via a form prescribed by the superintendent.
Furthermore, Subdivision 3 outlines the permit process in more detail. The superintendent of the bureau will issue a written, non-transferable permit to individuals, firms, political subdivisions, or corporations who demonstrate “good cause” for needing to use police radio equipment in their lawful business, trade, or occupation. This permit is granted if the use of a police scanner is deemed a necessity for their work.
However, there are exceptions to the permit requirement. Emergency response personnel who are members of a public safety agency, as defined in sections 299F.092 and 403.02 respectively, do not need a permit when using agency-issued radio equipment. This exception applies under two main conditions:
- The public safety agency has written permission from an FCC license holder to use the frequencies.
- The agency is authorized to operate on police emergency channels on the ARMER public safety radio system, consistent with Statewide Radio Board standards, or if their use of police interoperability frequencies aligns with applicable rules.
Penalties for Illegal Use of Police Scanners
The consequences for violating Minnesota’s police scanner laws can be significant. According to Subdivision 1(b), individuals convicted of illegally using or possessing police radio equipment in their vehicle face penalties. A first offense is classified as a misdemeanor. Subsequent offenses are treated more seriously, classified as a gross misdemeanor.
Staying Informed Legally
While the idea of having a police scanner in your car might seem appealing for staying informed, Minnesota law places strict regulations on their use. Unless you are a peace officer, state patrol member, or a qualified amateur radio license holder, or have obtained a specific permit for professional necessity, possessing and using a police scanner in your vehicle is likely against the law. Understanding these regulations is crucial to ensure you are operating within the legal boundaries in Minnesota. Always ensure compliance to avoid potential legal repercussions.
