In virtually every state in the nation, it is perfectly legal to own a police scanner and listen to police communications. Many local laws, such as those passed in the City of Los Angeles, prohibit someone’s ability to listen to a police scanner without first getting a permit. Simply put, police scanners are legal to own and operate in America.
Public Domain
As was established by the Communications Act of 1934, America’s airwaves are public property. As a result, information sent over these public airwaves does not presume privacy. While radio bands are blocked on scanners (like cell phones) and some bands have the presumption of privacy (think military), all other frequencies are considered public and not private. So, while owning and operating a police scanner is legal in the U.S., there are two general restrictions of its use — while driving and in the furtherance of a crime.
Restrictions on the use of police scanners while driving are on the books in several states including Florida, Indiana, Kentucky, New York, and Minnesota. While the specifics of the laws vary by state, the basic concept is that you cannot use a police scanner while driving a vehicle, which would usually be for the purpose of avoiding a speed trap.
Prohibitions on the use of a police scanner in the furtherance of a crime exist in California, New Jersey, Michigan, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Nebraska, and West Virginia. Again, the penalties for those convicted of using a police scanner in furtherance of a crime vary from state to state. For example, Vermont’s punishment includes a 30-day jail sentence and a monetary fine of $250. In Rhode Island, on the other hand, the punishment is five years in jail and a monetary fine of $5,000.
Other Restrictions
If you choose to use a scanner outside of your home, however, things can get a bit trickier. This is particularly true when the technology is so readily available; now there are downloadable applications that can easily turn a cell phone into a police scanner. Some states, like New York, make mobile police scanners illegal to own. In the states where police scanners are prohibited, seeking out and obtaining an exception often requires approval by local law enforcement and sometimes the Federal Communications Commission (FCC).
So, while it may not be illegal to own and use a police scanner, be sure to use common sense. It may not be the best idea to listen to a police scanner in plain view of law enforcement, even if it is legal in your county or city, as you will likely end up with an agitated officer.
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