Rioters point weapons at motorist in Indy

[printcraft]

 

[2A_Tom]

Don't laugh. The police say it is an open investigation. They are attempting to figure out who the perpetrators are.

Hint, they have been doxxed on the interwebz.

 

[1nderbeard]

Two points/thoughts:
How far will you let the locust trees encroach (thanks, Foszoe) in the name of "avoidance"?

Of course we've got the stop the trend of thug warfare against peaceful (by the true definition of the word. I.E. not "mostly peaceful") citizens. But running over a gun wielding thug if there is a clear escape route will do nothing but martyr the idiot. If you have no alternative and are surrounded by gun wielding thugs, I'm all for running their hippie hindquarters over.

 

[bwframe]

It's not illegal to have a police scanner in your vehicle.


It's illegal to get caught with a police scanner in your vehicle.


Big difference.

It is my understanding that it is only illegal to have a scanner in your vehicle, if you are using it to avoid law enforcement or break the law.

I cannot attest to what officer friendly might say, should you be pulled over and police radio broadcasting could be heard?

 

[Cameramonkey]

It is my understanding that it is only illegal to have a scanner in your vehicle, if you are using it to avoid law enforcement or break the law.

I cannot attest to what officer friendly might say, should you be pulled over and police radio broadcasting could be heard?

actual IC:

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.

 

[KittySlayer]

But running over a gun wielding thug if there is a clear escape route will do nothing but martyr the idiot.

Of course the stupid chick playing in the interstate did not become a martyr when the white car hit her. Probably only because it was driven by a black man.

 

[Route 45]

actual IC:

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.

None of that seems to ban the possession of a police scanner in a vehicle if you are not committing a crime or using it to avoid detection by law enforcement.

 

[larcat]

Sure, but if you get pulled over for X while having one, then they've got you for this as well.

None of that seems to ban the possession of a police scanner in a vehicle if you are not committing a crime or using it to avoid detection by law enforcement.

 

[bwframe]

None of that seems to ban the possession of a police scanner in a vehicle if you are not committing a crime or using it to avoid detection by law enforcement.

As mentioned above, that is my interpretation also.

(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.

Seems as if using a scanner app to avoid terrorists blocking roadways should be fine, correct?

 

[actaeon277]

Don't laugh. The police say it is an open investigation. They are attempting to figure out who the perpetrators are.

Hint, they have been doxxed on the interwebz.

There might be a problem with "beyond a shadow of a doubt", since they were masked and not apprehended at the scene.

 

[Route 45]

Sure, but if you get pulled over for X while having one, then they've got you for this as well.

Did you read the statute? You have to be using it to avoid detection by law enforcement. Good luck proving that beyond a reasonable doubt. In this political/social climate, it's absolutely prudent to have a police scanner in your car or a scanner app on your phone to avoid dangerous situations. Maybe don't have it on the dash with the volume on 10 when you get pulled over?

20+ years in LE, and I've never seen someone charged with this. Much ado about nothing, IMO.

 

[larcat]

Sure, at least what was pasted into this thread. Did you?

I got pulled over and issued a bs citation for "running a stop sign" on Memorial Day. That cop was having a bad day, I wouldn't want to have to spend a federal holiday pulling over people coming to IN beaches either _but_ considering he issued that citation and I just paid it, this would have doubled up what was written and I would have had to have grabbed a lawyer and cetera and cetera. You don't have to "be using it to avoid law enforcement." If you've got one in your car while doing 5 over on 65, they can write it if they have a bug up their proverbial that day.

Just my 2 cents. I personally don't like to give LEOs excuses.

(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.

Did you read the statute? You have to be using it to avoid detection by law enforcement. Good luck proving that beyond a reasonable doubt. In this political/social climate, it's absolutely prudent to have a police scanner in your car or a scanner app on your phone to avoid dangerous situations. Maybe don't have it on the dash with the volume on 10 when you get pulled over?

20+ years in LE, and I've never seen someone charged with this. Much ado about nothing, IMO.

 

[larcat]

FWIW, I do the scanner app thing personally

Did you read the statute? You have to be using it to avoid detection by law enforcement. Good luck proving that beyond a reasonable doubt. In this political/social climate, it's absolutely prudent to have a police scanner in your car or a scanner app on your phone to avoid dangerous situations. Maybe don't have it on the dash with the volume on 10 when you get pulled over?

20+ years in LE, and I've never seen someone charged with this. Much ado about nothing, IMO.

 

[Route 45]

Sure, at least what was pasted into this thread. Did you?

I got pulled over and issued a bs citation for "running a stop sign" on Memorial Day. That cop was having a bad day, I wouldn't want to have to spend a federal holiday pulling over people coming to IN beaches either _but_ considering he issued that citation and I just paid it, this would have doubled up what was written and I would have had to have grabbed a lawyer and cetera and cetera. You don't have to "be using it to avoid law enforcement." If you've got one in your car while doing 5 over on 65, they can write it if they have a bug up their proverbial that day.

Just my 2 cents. I personally don't like to give LEOs excuses.

The statute specifically says that you have to be using it to avoid detection by law enforcement.

Either words mean something, or they don't.

 

[Route 45]

FWIW, I do the scanner app thing personally

Your cell phone and app technically meets the definition of "police radio." Because a cell phone is, in effect, a radio of sorts.

Just sayin...

(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.

 

[printcraft]

Your cell phone and app technically meets the definition of "police radio." Because a cell phone is, in effect, a radio of sorts.

Just sayin... I

(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.

Well a cell phone doesn’t transmit on frequencies assigned to police emergency use.
I think we are getting liberal with the definition of a police radio here.

 

[frenchiectfd2203]

True. But I like mine painted black like the Stones song.
A 5 gallon bucket of driveway sealer ought to do nicely.

I have about 500 gallons of it. Just sayin.

 

[Cameramonkey]

Why is everyone skipping over a1? Granted IANAL, but the way I read it:

(a) A person who knowingly or intentionally:




(1) possesses a police radio; (standalone sentence You have it, nothing else required and 2 and 3 go together)
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:

Or am I just bad at reading laws?

 

[Route 45]

Well a cell phone doesn’t transmit on frequencies assigned to police emergency use.
I think we are getting liberal with the definition of a police radio here.

(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

 

[nonobaddog]

Why is everyone skipping over a1? Granted IANAL, but the way I read it:

(a) A person who knowingly or intentionally:




(1) possesses a police radio; (standalone sentence You have it, nothing else required and 2 and 3 go together)
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:

Or am I just bad at reading laws?

You have to follow the whole chain of multiple cases and mulitple exceptions. You just stopped too soon.