Is this legal in Indiana?

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  • canav844

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    Jun 22, 2011
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    thanks for the info what is the difference when some channels say amateur radio and others say public safety?
    Amateur radio is guys like me that talk for fun, but have gotten licensed where we had to take a test to prove our technical knowledge, and understanding of the rules that apply to us, there are 3 license classes, each upgrade earns more frequencies (places to talk). Many of the online feeds are limited to storm spotters, but you can hear some ch!t chat in between events sometimes. Lots of times you'll also hear us helping out in a volunteer capacity in times of emergency.

    Public safety, is police and fire and EMS and Emergency Management, your first responders; in Indiana most agencies are one one state wide radio system that works a little like direct connect on cell phones so you could in theory have a trooper talk to Indy from anywhere in the state, but it's mostly just around the county or city or state district.

    There is also business band, that almost always requires a licenses unless it's low power and on specific frequencies, air band all the traffic with the planes, marine band for between boats; there's CB radio that's a few (40) channels that's unlicensed and if for "personal use" but is about as clear an example of anarchy as you can find from lack of enforcement so it's a bit of everything, or there's FRS and GMRS which is a family radio service that's almost all unlicensed users again for personal use, but there are some businesses grandfathered in to using those frequencies. And naturally the military has presence in different parts of the radio spectrum as well. I've got a link to a colorful chart somewhere that show just how many different frequencies are designated for different uses.
     

    Sweetums

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    Dec 4, 2008
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    If it is "portable" and in a vehicle, then I would expect it to be illegal. Also, unfortunately, the Morgan County Sheriff (atleast when I was there) did not issue scanner permits unless he thought you had a valid reason, like being a volunteer firefighter, for example.

    Get an amateur radio license and avoid the worries... ;)
     

    .452browning

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    If it is "portable" and in a vehicle, then I would expect it to be illegal. Also, unfortunately, the Morgan County Sheriff (atleast when I was there) did not issue scanner permits unless he thought you had a valid reason, like being a volunteer firefighter, for example.

    Get an amateur radio license and avoid the worries... ;)

    So its not only state but local laws pertaining to this issue. Interesting. Thanks!
     

    in_betts

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    Mar 16, 2009
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    North of FW
    a lot of police are civilians
    That there is funny...I don't care who ya are!

    A signal is a signal. If you aren't chasing ambulances or interfering than do as you wish (IMHO of course).

    I used to listen to police and fire dispatch all over the country streaming on the internet when I was working nights. Some times you get tired of music and talk radio, so it was good "stay awake" entertainment. I don't have any current links but a simple search should get you there.

    One night a guy went over a bridge in Portland OR and the chatter went on for HOURS which made for an interesting night. Most nights just the occasional drunk or domestic call.
     

    Sweetums

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    So its not only state but local laws pertaining to this issue. Interesting. Thanks!

    It's a state law. Where the locals can get involved, is that the state has a provision for a radio scanner permit, and it is issued by your county sheriff. It seems to be however, up to your local county sheriff to determine who meets eligibility to obtain one.
     

    SirRealism

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    jeremy

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    Feb 18, 2008
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    Fiddler's Green
    It's a state law. Where the locals can get involved, is that the state has a provision for a radio scanner permit, and it is issued by your county sheriff. It seems to be however, up to your local county sheriff to determine who meets eligibility to obtain one.

    Can you link the Relevant Indiana Code Please... :popcorn:
     

    Kirk Freeman

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    Mar 9, 2008
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    I am unaware of any local ordinances regarding police radios/scanners. 452, I believe sweet is referencing the police letter exemption under the state statute.

    Can you link the Relevant Indiana Code Please

    Jeremy, already did on the first page; it's Unlawful Use of a Police Radio.

    It's O.K. to listen, just do it at home or one of the other exemptions.

    I.C. 35-44-3-13. Here it is to save you another google search:


    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.
     

    joslar15

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    Mar 3, 2009
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    Bloomington
    (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.

    So, based on code, since the phone does not operate on freqs assigned to police, would they have to "make up" a charge if someone were to use the app in a nefarious manner?
     

    Sweetums

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    Dec 4, 2008
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    Lake County
    So, based on code, since the phone does not operate on freqs assigned to police, would they have to "make up" a charge if someone were to use the app in a nefarious manner?

    Well, it technically is, but in a round about fashion, receiving signals transmitted on frequencies..blah blah blah...

    IMO, the fact that it is relayed to another mobile device is irrelevant, as you are still receiving the said signals. :dunno:
     

    Sweetums

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    Lake County
    Can you link the Relevant Indiana Code Please... :popcorn:


    IC 35-44-3-12
    Unlawful use of a police radio; exemptions; "police radio" defined
    Sec. 12. (a) A person who knowingly or intentionally:

    ......

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

    ......

    (5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
     

    Sweetums

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    I'm not a lawyer or anything...I'm just throwing in my two cents on how *I* perceive Indiana law on having a scanner in your vehicle. I personally don't really care if someone carries a scanner in their vehicle or not. My biggest beef with the current setup is that obtaining a permit for a mobile scanner is entirely up to your CLEO's policies.
     
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