"Todd" anon@anon wrote in :


"dave" wrote in message
...
Todd wrote:
wrote in message
...
Todd wrote:

In Indiana, the posession of a radio that receives police
frequencies is
a
misdemeanor.

Not exactly.

Read it again...exactly.
A Class B misdemeanor....

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.


You gave no exceptions. There are in fact many.

Name and quote a couple...



(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;

(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 NEWSGATERING ACTIVITIES;

(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."


You're implying that mere possession of a "police radio" is a misdemeanor
in the state of Indiana, period.

The law clearly states that it only applies to vehicular or portable use
- NOT to possession of a "police radio" inside of a home or other
building.

The law provides MANY exemptions, incuding licensed hams, newspaper or TV
reporters, individuals who sell or service police radios, or basically
anyone who has some form of written permission (a permit) from their
local law enforcement.

In three places, the law makes it clear that there is nothing illegal
about having a radio capable of receiving police frequencies in one's own
home or place of business.

It would be really strange if ANY possession of a "police radio" was
illegal in the state of Indiana, considering that the Electra company,
who for all intents and purposes invented and popularized the police
scanner with their famous "Bearcat" line, was located in Indiana (before
merging with Uniden of Japan in the 1980's.)