Why does all the fun stuff have to be illegal???

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  • K_W

    Grandmaster
    Rating - 100%
    8   0   0
    Aug 14, 2008
    5,386
    63
    Indy / Carmel
    I found several cool apps in the Android Market for my cellphone that stream police radio broadcasts from all across the country, including Hamilton County. Unfortunately after checking out the IC (IC 35-44-3-12) it turns out that it's illegal to have those apps because they turn the phone into a "police radio" capable of being operated in a vehicle or while being carried.

    Why does all the fun/cool stuff have to be illegal? Criminals suck. :xmad:
     

    Prometheus

    Master
    Rating - 100%
    1   0   0
    Jan 20, 2008
    4,462
    48
    Northern Indiana
    I found several cool apps in the Android Market for my cellphone that stream police radio broadcasts from all across the country, including Hamilton County. Unfortunately after checking out the IC (IC 35-44-3-12) it turns out that it's illegal to have those apps because they turn the phone into a "police radio" capable of being operated in a vehicle or while being carried.

    Why does all the fun/cool stuff have to be illegal? [STRIKE]Criminals[/STRIKE]Legislators suck. :xmad:

    Fixed it for you.

    Honestly though, if you have a lock on your phone, how would they know you have that app on your phone? :dunno:

    I don't see anything in the Constitution of the US or Indiana or anything in the Bible saying having an application to listen to a public broadcast by our employees is wrong.

    Mala prohibitive crimes are not real crimes.
     

    sj kahr k40

    Grandmaster
    Emeritus
    Rating - 0%
    0   0   0
    Sep 3, 2009
    7,726
    38
    What about police radios that are on the Internet? Would using them on a mobile device also be illegal?
     

    radar8756

    Works for Me
    Site Supporter
    Rating - 100%
    12   0   1
    Sep 21, 2010
    2,743
    97
    Westville, IN
    The exemption is:

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

    Just get a Ham License ... and not only can you listen to Police/Fire/Hospital ... but you can listen to them 10 states away
     

    EvilKidsMeal

    Master
    Rating - 100%
    14   0   0
    Feb 11, 2010
    1,719
    2
    Highland
    the way i see it is the concern would be if you couldd broadcast back to the LEOs :dunno: does it still apply if you can't talk to them? my thought process is if you only listen and you can't talk through its more of a scanner than a radio??? i could be wrong though.
     

    gohard43

    Sharpshooter
    Rating - 100%
    4   0   0
    Apr 16, 2010
    621
    16
    Northside Indy
    the way i see it is the concern would be if you couldd broadcast back to the LEOs :dunno: does it still apply if you can't talk to them? my thought process is if you only listen and you can't talk through its more of a scanner than a radio??? i could be wrong though.

    I'm almost positive that's what it is. When I got into scanning a few years ago I had the Indiana code printed off, can't find it now and don't feel like searching but it refers to tampering with/and turning the scanner into something along the lines of a two way radio. Now how this applies to phones I don't know......still don't see how it would be illegal
     

    public servant

    Grandmaster
    Rating - 100%
    23   0   0
    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.
     

    EvilKidsMeal

    Master
    Rating - 100%
    14   0   0
    Feb 11, 2010
    1,719
    2
    Highland
    so from what i read ^^^^ unless i misinterpreted this app wouldn't be illegal since he cannot transmit back to the police?
    cause i don't see how listening in a vehicle would make any difference with a scanner unless it is part of a crime maybe
     

    lane440

    Marksman
    Rating - 100%
    3   0   0
    Dec 19, 2010
    140
    18
    whiteland
    I found several cool apps in the Android Market for my cellphone that stream police radio broadcasts from all across the country, including Hamilton County. Unfortunately after checking out the IC (IC 35-44-3-12) it turns out that it's illegal to have those apps because they turn the phone into a "police radio" capable of being operated in a vehicle or while being carried.

    Why does all the fun/cool stuff have to be illegal? Criminals suck. :xmad:

    What the name of the app ??? please share :D . is sharing illegal :dunno:
     

    rhinoabe

    Sharpshooter
    Rating - 100%
    1   0   0
    Nov 29, 2008
    518
    18
    Jennings Co.
    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.

     

    sepe

    Grandmaster
    Rating - 100%
    1   0   0
    Jun 15, 2010
    8,149
    48
    Accra, Ghana
    What the name of the app ??? please share :D . is sharing illegal :dunno:

    The one I have on my phone is Scanner Radio. It is all user submitted streams and it covers pretty much everywhere in the world. Right now the top 50 include Chicago, LA, Queensland Australia, Montreal, Phoenix, Toledo, Columbus Oh., Fresno, Portland, NYPD Special Operations Division, an Amateur Repeater for LA, Fort Worth, Memphis, Omaha, Tucson, Las Vegas, Houston, Waterloo, Ellis County Kansas, Tulsa, Albuquerque, Minneapolis, Ingham County Mi., Sacramento, Chicago Fire, Pittsburgh Public Safety, San Juan and Bayamon Metro, Newark, Phoenix East valley, Saguenay, Yakima City, Detroit Fire, Knox County Tn., Cedar Rapids, San Francisco, Allen Co. Ohio, Detroit Police, Muncie Police, Akron Oh., Riverside County Ca., Kokomo, Ontario Provincial, Washington DC, Virginia Beach, Buchanan Co. Missouri, Lorain Co. Ohio, Chicago Police Zone 6(7th and 8th district), Knox County In....and they change pretty much hourly and you can also search for anywhere in the world.
     

    PistolBob

    Grandmaster
    Rating - 100%
    4   0   0
    Oct 6, 2010
    5,388
    83
    Midwest US
    I found several cool apps in the Android Market for my cellphone that stream police radio broadcasts from all across the country, including Hamilton County. Unfortunately after checking out the IC (IC 35-44-3-12) it turns out that it's illegal to have those apps because they turn the phone into a "police radio" capable of being operated in a vehicle or while being carried.

    Why does all the fun/cool stuff have to be illegal? Criminals suck. :xmad:


    Get your amateur radio license and you don't have to worry about it. We're allowed to carry scanners.
     

    jedi

    Da PinkFather
    Site Supporter
    Rating - 100%
    51   0   0
    Oct 27, 2008
    37,879
    113
    NWI, North of US-30
    IC 35-44-3-12
    Unlawful use of a police radio; exemptions; "police radio" defined
    (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

    What is the defintion of a "radio"? In this case the software is running on a cellphone which is then "emulating" to be a radio? So is the cellphone a radio?
     
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