Revised Kentucky Law (KRS) 432.570, Restrictions on the Possession or Use of Radio Enabling Of Sending or Receiving Police Messages, provides that it is illegal for any person to have a police scanner unless they are a member of the Police Department, authorized by a police department, or an employee of the Department of Corrections. The government-authorized and government-issued portable radio in your vehicle. With a police scanner in hand, you can listen to conversations between state authorities, and this information can be sensitive. They can listen to the police, emergency services and even planes. So the question is whether a police scanner will get you in trouble. You may be curious about how the police communicate or what is happening in a distant city. It is legal to listen to police radio on a home device like your computer if you are not using this scanner to commit a crime or obstruct justice. But while it may be cool to listen to police movements and prosecute crimes, you may be breaking the law just by listening. As a seasoned defense attorney in Lexington can explain, if you`re interested in owning and listening to a police scanner, you can always do so — as long as you`re listening from the comfort of your own home. Otherwise, you risk a Kentucky offense and confiscation of your equipment. The use of police scanners is also protected by the Freedom of Information Act because, as I said, the information exchanged over the air is in the public interest.
This is also the reason why individuals and some professionals are adopting police scanners. In addition to people who are interested in shows and make it a hobby, others benefit from listening to audio streams. In an emergency, those who connect may have a better idea of what is going on around them, although some of them may be coded, and journalists may have direct sources for their reporting. For more information, please visit our page dedicated to police scanner codes. While Kentucky bans the use of police scanners in vehicles, Kentucky citizens can otherwise use scanners at home and elsewhere. As long as the scanner can only receive messages – and cannot send messages – a person can use such a device freely, with one exception. If a person uses a scanner to facilitate a crime or avoid arrest by law enforcement, it is a violation of the law and results in criminal charges and confiscation of equipment. Since these scanners are legal, you may be wondering why someone (a law-abiding person) wants or needs a scanner in the first place. Some people just want to hear or know what`s going on around them. Others have professional needs, such as police and fire departments, who need to be able to know what`s going on (even when they`re off duty) and communicate with or between neighboring agencies.
Tow trucks may also want to use them to find out if there is a wreck in an area where they might be needed. Security guards can listen to protect their assigned area. With these few exceptions, installing, possessing or even maintaining a police scanner in a private vehicle is against the law. As defense attorneys, we receive inquiries about the legality of police scanners. Former defendants often like to follow the police and a generally curious public likes to stay informed. Finally, at least five other states have laws that prohibit the use of a mobile police scanner to help a person commit another crime. These states are California, Michigan, New Jersey, Oklahoma, Vermont, Virginia and West Virginia. Well, given what we know about human nature, we can already assume that the boundaries have been crossed. And it`s true. Take, for example, an incident in Arcadia, California, in 2016, where a burglar was fitted with a police scanner in his car to stay ahead of authorities. This eventually led to a police chase and the suspect was eventually arrested, taking away the things he had stolen. It`s a happy ending, except for the burglar, but the idea that you could succeed in committing illegal activities with a police scanner can`t be dismissed out of hand.
And unfortunately, this is not the only case where police scanners have been used for criminal activities. While police wireless scanner apps are generally not illegal, they do have limitations. States that can use a police radio scanner also apply these laws to police scanner apps, so you need to be careful when and where you use a police radio. If you want to know more about police scanner mobile apps for iPhone or Android, you can read our guide to the best police scanner apps. Have you thought about buying a police scanner for personal use in Kentucky? How about one of the mobile apps that act as a police scanner? In certain situations, is it legal to possess and use a police scanner for private use? First, it is illegal to “obstruct” justice in any way. So if a person uses a police scanner to prevent the police from doing their job – for example, dodging the police – then they are breaking the law. The short answer is no. The use of such a police scanner is legal in the United States under state law.
Generally, you will not be surrounded by the authorities surrounding your home and locking yourself up for using a police scanner. There are a few additional conditions that must be met before the police can punish you. And yes, when you hear and learn what these conversations are, you`re not necessarily locked in – but we`ll get to that later. There are also several states that prohibit the use of police scanners to promote a crime: Although these devices have been around for years, some people may not be fully aware of what exactly a scanner is. A scanner is a radio receiver. It quickly “scans” or checks many communication channels and allows you to hear radio calls in both directions. Police, firefighters and other agencies tend to use radios that use short transmissions. The legality of these apps is currently unknown in Kentucky. While there may be an argument that it`s legal to use them in your vehicle, it`s likely that using a police scanner app to facilitate a crime or avoid arrest by law enforcement is likely a violation of the law.
Adjusting the frequencies used by law enforcement can easily be done with a phone, and there are police scanner apps for the sole purpose of accessing a public feed. The legality of these apps, in turn, is subject to state police laws. In some cases, it`s even riskier to get caught with an app on your phone. Even if it has not been used to promote a crime, it could still be challenged if evidence is lacking. The result could be another penalty. Alternatively, police scanning can also be done online (learn more about this). In the United States, it is generally legal to own a police scanner. However, there are some states where the use of scanners is limited – and the Commonwealth of Kentucky is one of those states. Yet almost every state legalizes the possession of a police scanner radio. Thus, you may be allowed to wiretap the police legally. The catch is that it may be illegal to take the police scanner out of your home, for example by turning your smartphone into a police radio.
The law does not prohibit citizens from owning police scanners or using them at home and elsewhere. Encryption makes it difficult to access police scanner streams with typical consumer scanners or apps. The Pennsylvania State Police began encryption in 2010 and the city`s police department began the same practice. A similar measure in Washington D.C. held public hearings in 2011 before it became final. Pasadena, California launched its encryption program in 2012. Even without encryption, police departments can sometimes take streams offline. For example, after the Boston Marathon bombing on April 15, 2013, scanner activity stopped because a massive manhunt was underway to find the culprit. This was done in the interest of the safety of the officers, but also to avoid the exchange of information that could assist the fugitive. So when is it legal to download one of these police scanner apps? While laws regarding police scanners in Kentucky may seem obscure, they can have very real consequences if you`re caught using a radio to monitor police activity, send messages, or disrupt police communications.
A conviction for a misdemeanor can have a serious impact on your life, which is why it`s important to hire a Lexington criminal defense attorney to advocate on your behalf. Now, several software developers have released police scanner apps for your iPhone and Android. These apps allow you to select and listen to a font scanner stream. These streams aren`t limited by your location, so you can listen to any police channel broadcast from Miami to Mendocino. But listening is not always legal. While nuances are attached to these laws, and some states like Minnesota and Florida approve use with a HAM radio permit or license, they all have the same end result: Please note that police scanner apps are also covered by most of these statues.