Indiana Scanner Law

Original source: Indiana Code (2012)
Offenses Against Public Administration
Interference With Governmental Operations
§ 35-44-3-12 -- Possession of Police Radios

IC 35-44-3
Chapter 3. Interference with, Fleeing, or Resisting Governmental Operations

[...]

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.

Retranscribed by: Todd L. Sherman/KB4MHH
Last verified: January 1, 2012.

Mobile Scanner & RADAR-Detector Laws In The U.S.
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Gainesville, Alachua Co., Fla.
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