Radio Equipment in your vehicle

[versuchstier147]

Not recommended.

 

[Indecision]

That's bad news bears man, hope everything works out for you.

 

[AFA1CY]

Also to add, it is also illegal to have a scanner at a NASCAR (or other race) in Indiana.

 

[Indy317]

Just start calling some lawyers and ask their price schedule. Also explain to them that after reviewing their case and seeing no way out, that you are willing to take a plea with no jail time. I would also ask them to look over the asset forfieture law to make sure you are not at risk there as well. There has also been some issues with police departments blowing people off then they ask for the return of firearms, so you might need the lawyers help there as well. Another thing would be your permit situation. If they forward the case to the state police, they will have a hearing. See if the lawyer could help you there as well (not sure if lawyers are allowed at those hearings).

Oh, what kind of radio did you have? Radios designed for use in a dwelling are not considered police radios. Also, if you can save up money (or pay over time), you might consider trying to fight the law in some manner. What I don't understand is that I see no exceptions in the law for people buying a radio and taking it to a person's home. So I guess if someone here goes and buys a hand held scanner from Radio Shack, they are breaking the law as soon as they walk outside the door? There are also some really vague exceptions as well:

(b) Subsection (a)(1) and (a)(2) do not apply to:

(7) a person who uses a police radio only in the person's dwelling or place of business;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.



These are some very vague exceptions? Is there anyway you fall into any of them? Also, I wonder if your lawyer could argue that the mere fact that the state allows Radio Shack, Best Buy, etc. to sell police radios, and that the law bans the possession of police radios defined as:

(c) a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.

Then by default all police scanners sold in Indiana must be designed for use only in a dwelling, otherwise how/why is the state allowing sales of contraband by Radio Shack and Best Buy? As soon as you exited the store you would be breaking the law.

Good luck.

 

[Indy317]

Oh, the 40 mins. for a dog doesn't see right. I believe there was a recent court case on that. Make sure you lawyer knows this and pulls both the radio logs, MDT (in-car computer) logs, and CAD logs. Personally I would be willing to pay the to a lawyer (time to pull logs, file motions, depose the officers involved, etc.) if it means getting off on a technicality. If you do get off on that technicality, I would make damn sure not to listen to some retail store person's legal advice. Not only that, if I had proof, or got proof with a bait person wearing a recording device, of them telling people it was legal, I would be filing a lawsuit trying to get my legal fees paid.

 

[Farmritch]

Why is it illegal to have a scanner at a NASCAR race here in Indiana,
I've always been legal as I've been a Ham since I was 14 and it has caused a bit of confrentation a time or two. Never been charged but in my younger years I have been threatened.
I was also at one time a Deputy Town Marshall & did radio repair at my place of employment but never had any issues while doing that.
I have also since the age of 18 have had my call plate on my vehicle so I guess that helped too

 

[Lt. Dan]

Also to add, it is also illegal to have a scanner at a NASCAR (or other race) in Indiana.

Really?? I'm not sure about this, the only restrictions I remember seeing involved use within motor vehicles.

I'm a ham..I have an antenna mounted on my Cavalier that is slightly taller than the original AM/FM antenna, and a permanently installed mobile rig, and I have never been questioned about it the few times I've been pulled over. AFAIK, this is all legal as a Amateur Radio license holder but I've never been asked to prove it

 

[Mgderf]

Prayers and Pm sent

 

[SavageEagle]

Wow. I was wondering about all this a few days ago. I'm sorry you had to find out the hard way. How would they know if you had a police radio without searching you anyway?

 

[Dr Falken]

I seem to remember that it was illegal to have a "hand held" scanner, that could scan police frequencies. The reason being that it would allow burglars or other ne're do wells to listen for the police as they burglared and thieved. Before I received my Ham, I had a scanner, but had it mounted with an outside antenna, and an external power supply with no internal batteries, so it could not be used as a "hand held", but was rather a mounted rig. Never had any issues, but then again, I never read the actual laws, and I was never questioned about it in my very utilitarian looking, white Ford Ranger.

 

[Paco Bedejo]

So....I wonder how the law would apply if I were to set up a Police Scanner in my home, then webcast it to my cell phone...

I'm not going to test it, just thinking out loud here.

 

[SavageEagle]

So....I wonder how the law would apply if I were to set up a Police Scanner in my home, then webcast it to my cell phone...

I'm not going to test it, just thinking out loud here.

I would assume it would be considered a handheld scanner. And more costly than a stand alone unit.

 

[Boilers]

what about listening to the police traffic over the internet on a mobile device?
I am sure one can listen to about any police band via an iPhone or similar internet enabled device. If you can get the web, you can get police communications.

Seems unenforceable, or disparate treatment to me.

 

[versuchstier147]

Mod Delete this.


You know you love the delete button.

 

[SavageEagle]

I know the feeling man. I fought a ticket in P-town when I was chased by a maniac from the south side. I finally got boxed in at the fire station here and come to find out the guy was a MCS. Off duty in his own car. Chasing me. Cause I accidently cut him off cause he was riding my blind spot and had come up on me fast. Plainfield came out a wrote me a ticket based on the officers "claims" so I took it to court. In the process of the Plainfield officers testimony, he claimed to have clocked me at 75 in a 20, but then told my lawyer in cross that he arrived on scene after-the-fact. I didn't want to win my case like that, but I did. And I got dogged BAD by the police for it. Pulled over everyday or harassed for a month after. I didn't want to catch him lying. I had a solid case.

Regardless, I ended up getting a LOT of seat belt tickets in this town over the course of 2 years...

 

[AFA1CY]

IC 35-44-3-12
Unlawful use of a police radio; exemptions; "police radio" defined
Sec. 12. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used in emergency service;
(4) a public service or utility company whose vehicles are used in emergency service;
(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling police radios; or
(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

Why is it illegal to have a scanner at a NASCAR race here in Indiana,
... snip ...

Handheld (portable) police receivers are illegal outside your home or place of business unless you fall under one of the exemptions. If you attend the Indy races with one you fall under this law.

 

[AFA1CY]

what about listening to the police traffic over the internet on a mobile device?
I am sure one can listen to about any police band via an iPhone or similar internet enabled device. If you can get the web, you can get police communications.

Seems unenforceable, or disparate treatment to me.

Technically this would not be illegal. (IANAL, UMMV)

(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:

(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a dwelling.
As added by Acts 1977, P.L.342, SEC.1. Amended by P.L.162-1994, SEC.1.

Cell phones can not receive or transmit on police frequencies assigned by the FCC

 

[nova512]

i personally do not much care for the carmel police i have been wronged by them and was clearly in the right ,they are power hungry and take everything to the fullest they can.and they get away with it cause they are the police.i stay away from carmel just besause of them.and also knowing if the one sees me that i called an a$$hole to his face would prob. make me pay for that somehow.

 

[versuchstier147]

FYI - if CPD takes your firearm, you must call the officer and ask him to remove it from evidence and release it back to you.

 

[WabashMX5]

The 40-minute wait for the drug dog doesn't sit right with me, either. IIRC, the reason they can use the dog is that the sniff isn't a "search" — but they can't extend the length of the stop in order to do it. If the legit traffic stop is done, and the dog isn't there, you're supposed to be sent on your way.

Circumstances vary; I'm not giving legal advice; YYMV; etc. Just food for thought.