is it illegal to listen to police scanner traffic?

[jimmythang]

I made a call in tonight and monitored the call. I may need to go in to the station monday to get my issue handled. Can I bring up the conversations between dispatch and the officer without getting in trouble?

 

[GodFearinGunTotin]

As I remember it, you're OK in Indiana as long as you're not listening while in a vehicle. The IC has been posted before...you might just Google Indiana Code on police scanners.

 

[K_W]

It is OK to listen via a stationary scanner for personal enjoyment, but mobile use is not legal without a HAM license... However if you want to listen on the go, internet feeds on cell phone apps, and websites viewed on computers are technically legal as they are not actually "receiving" the sound as "signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes" since it is received as data over dedicated cellular frequencies, but if you get caught the PD will raise a stink and may charge you, especially if you are commiting another crime and using the app to stay ahead of the PD.

While police and media reporters may say it's illegal, and people have been caught using them during crimes and charged, I find no indication (in Indiana) where the charges ever stuck.

 

[jimmythang]

It is a cellphone app and I am not committing or attempting a crime. I made a complaint and didn't like the way it was handled via the coms. Thank you for your help. I plan on going in to discuss it in person next week. I just didn't want to get in trouble for discussing the communications I overheard.

 

[Caleb]

In IL, it was illegal to listen AND follow iirc...

 

[Kutnupe14]

It is a cellphone app and I am not committing or attempting a crime. I made a complaint and didn't like the way it was handled via the coms. Thank you for your help. I plan on going in to discuss it in person next week. I just didn't want to get in trouble for discussing the communications I overheard.

Good luck with that. We know people monitor our dispatch radio traffic. A lot of convos concerning calls happen on other channels (headquarters and car-to-car). You do not have access to those channels via a phone app.

 

[drillsgt]

It is a cellphone app and I am not committing or attempting a crime. I made a complaint and didn't like the way it was handled via the coms. Thank you for your help. I plan on going in to discuss it in person next week. I just didn't want to get in trouble for discussing the communications I overheard.

Did they rectify your issue? Or did they make disparaging references to the caller back and forth (which was you)?

 

[Mr Evilwrench]

IC 35-44-3-12 forbids listening portable or mobile, basically to any device "capable" of intercepting public safety channels, but lists several exceptions including the amateur license. I'm not sure where the cell phone app falls in there, whether just the app would have to be turned off, or if the whole phone was now rendered illegal, but the phone itself isn't capable, so that may save that.

The only signals that are illegal to monitor are encrypted public safety channels (illegal to decrypt), or bands covered in ECPA 1986 et seq, which is federal law. Those consist of the old AMPS cellphones nobody uses anymore, plus cordless phones. Cordless phones have largely migrated to more secure technology anyway, so it's largely obsolete.

For just scanning regular stuff, a 10 year amateur license is pretty easy to get now.

 

[Kutnupe14]

Did they rectify your issue? Or did they make disparaging references to the caller back and forth (which was you)?

Theyd be the biggest idiots I'd ever known of if they did. The channel the OP was listening on was most assuredly a "primary" channel, and thus recorded, and probably scanned by every officer in the immediate vicinity. I've said dumb things on the radio before, but NEVER on Channel "1."

 

[drillsgt]

Theyd be the biggest idiots I'd ever known of if they did. The channel the OP was listening on was most assuredly a "primary" channel, and thus recorded, and probably scanned by every officer in the immediate vicinity. I've said dumb things on the radio before, but NEVER on Channel "1."

 

[jimmythang]

Good luck with that. We know people monitor our dispatch radio traffic. A lot of convos concerning calls happen on other channels (headquarters and car-to-car). You do not have access to those channels via a phone app

First let me say that I support leos and all they do. The officer was professional but lets just say was not enthusiastic about rectifying my issue. My primary issue was vindicated in the call but the phrase "nothing I can do about it" was mentioned. While this issue is not life and death it is an ongoing issue and as far as I am concerned not a civil issue as laid out by the law/ordinance. However I am fully prepared to go down that route if needed. I am not at all upset with how the call was handled. I never spoke with the officer directly. But I can discuss with the department my issue and work with them to rectify the situation.

 

[Kutnupe14]

First let me say that I support leos and all they do. The officer was professional but lets just say was not enthusiastic about rectifying my issue. My primary issue was vindicated in the call but the phrase "nothing I can do about it" was mentioned. While this issue is not life and death it is an ongoing issue and as far as I am concerned not a civil issue as laid out by the law/ordinance. However I am fully prepared to go down that route if needed. I am not at all upset with how the call was handled. I never spoke with the officer directly. But I can discuss with the department my issue and work with them to rectify the situation.

We thank you for your support, but what's with the Cloak and Dagger surrounding this issue? What exactly was your complaint that wasn't handled to your liking? And FYI, if you have an issue, and you want to be specific about what you want addressed, ask that the officer call you so you can explain.
(Lord knows dispatchers can destrory the whole meaning of a call)

 

[jimmythang]

We thank you for your support, but what's with the Cloak and Dagger surrounding this issue? What exactly was your complaint that wasn't handled to your liking? And FYI, if you have an issue, and you want to be specific about what you want addressed, ask that the officer call you so you can explain.
(Lord knows dispatchers can destrory the whole meaning of a call)

the issue was with a noise complaint. The officer was dispatched twice to the source of the location. I never spoke directly to the officer. The location is roughly 1200 feet from my house and I cannot see it. I was going to call a third time and have them dispatched to my house but by that time I decided it was best to wait until tonight if it was bad again or wait and go in to the station next week. I was not happy about statement there nothing I can do about it. Again not upset with him personally but This has been going on for awhile. I have at least 30 emails back and forth with the source of the noise with the last 4-5 including leo and other officials copied in (at their request). I tried working with the offender rather than calling the police every situation. This may come in handy if it goes to a civil venue. The source of the issue is good at saying they will get it fixed. Others have chimed in that it is an issue. Each time this crops up I either have to explain myself over again which becomes frustrating to me and the responder. So I want to do this one last time at the station. I can go over my year long history of supporting documents (30 emails and roughly 10 or so calls to the police) and ask that they consider eliminating verbal warnings for future occurrences. I have been careful not to tell responding officers in the past how to hanfle the situation. They all agree that if they were in my shoes they would be upset. However each time I get a new person and they handle it as I would expect a person would if it was their first time dealing with the complaint.
So I am working towards getting someone with some weight to hear my story and hopefully agree to solve the situation. My hope is he says here is my card, you tell the responding officer that if he or she determines that the issue is present you ask them to levy a fine or get in touch with me. I am tired of wasting my time as well the officers responding.

 

[remauto1187]

In IL, it was illegal to listen AND follow iirc...

Its illegal in illinois to have a mobile or handheld police scanner in your vehicle. You can have a home base unit and its perfectly legal.

Edit one important caveat.

 

[jimmythang]

Its illegal to illinois to have a mobile or handheld police scanner. You can have a home base unit and its perfectly legal.

What if your cell phone is plugged into the wall?

 

[45 LongColt]

Now wait a minute. I have been listening to the police scanners since 1973. I bought my first MOBILE scanner from a police officer. I was told back then that as long as I don't use the scanner in the process of committing a crime, or use it to follow the police on runs, that I was legal to have it. I now have a hand held scanner that I do take with me from time to time. When was the law changed?

 

[jimmythang]

Now wait a minute. I have been listening to the police scanners since 1973. I bought my first MOBILE scanner from a police officer. I was told back then that as long as I don't use the scanner in the process of committing a crime, or use it to follow the police on runs, that I was legal to have it. I now have a hand held scanner that I do take with me from time to time. When was the law changed?

i think you are okay (I know this now thanks to the thread)
Section 10c defines a police radio as something that receives and transmits a signal. While my cell is portable and can be placed in a vehicle it can only receive transmissions on emergency channels.
(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:

Unless it is an actual police radio
(7) a person who uses a police radio only in the person's dwelling or place of business;

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.

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[PistolBob]

Theyd be the biggest idiots I'd ever known of if they did. The channel the OP was listening on was most assuredly a "primary" channel, and thus recorded, and probably scanned by every officer in the immediate vicinity. I've said dumb things on the radio before, but NEVER on Channel "1."

Well in this city we have no shortage of big idiots. They are everywhere....can't swing a dead cat without hitting one. Thankfully they are not ALL cops...just a few.

 

[Mr Evilwrench]

Now wait a minute. I have been listening to the police scanners since 1973. I bought my first MOBILE scanner from a police officer. I was told back then that as long as I don't use the scanner in the process of committing a crime, or use it to follow the police on runs, that I was legal to have it. I now have a hand held scanner that I do take with me from time to time. When was the law changed?

I wouldn't take my legal advice from the cop on the beat, note some will tell you open carry is illegal. Not a slight on the cops, just too many laws for anyone to keep up with them all. If you're not doing anything else illegal, you're far less likely to be caught at it, but I've been questioned on a mobile in the car until I explained the law. It's helpful to have a print of it, of course. Now, if you're legal, for example with the amateur license, you're not really supposed to listen to them by spirit of the law even though you're ok by the letter of the law. All I've done to modify my route, for example, was to avoid road closures or firegrounds. In fact I heard one call me in prior to pulling me over, and I just let him.

 

[tbhausen]

Probably a good time and place to link this, since I'm the one who puts the Marion County Broadcastify feed on the air. It covers the restrictions on what can be broadcast:

https://www.indianagunowners.com/fo...6-update-live-police-audio-marion-county.html