Mobile Scanners

[Local Talent]

Sonny, can you tell us what the current situation is re: police scanners in vehicles? Last I checked they were illegal with the exception of some members of the press and PPOs (alarm response cars, in particular). But people tell me that this has been relaxed and I've even seen a guy use an iPhone with a scanner app in the field.
Thanks in advance!

[SonnyPI]

In reply regarding Scanners etc. Yes and no, depending upon where in California and if applicable permits are obtained!!

California state law provides:

California Penal Code Section 636.5 Wrongful
Interception and Divulgence of Police Radio Communication.

Any person not authorized by the sender, who intercepts
any police radio service communications, by use of a
scanner or other means, for the purpose of using that
communication to assist in the commission of a criminal
offense or to avoid or escape arrest, trial, conviction,
or punishment or who divulges to any person he or she knows
to be a suspect in the commission of any criminal offense,
the existence, contents, substance, purport, effect or
meaning of that communication concerning escape from arrest,
trial, conviction, or punishment is guilty of a misdemeanor.
Nothing in this section shall preclude prosecution of any
person under section 31 or 32.
As used in this section "police radio service
communications" means a communications authorized by the
Federal Communications Commission to be transmitted by a
station in the police radio service. Leg.H. 1976 ch. 1129,
1991 ch. 515.

LA County ordinances are more restrictive:

13.10.020 Installing or using shortwave radios in vehicles prohibited without permit.

Except as provided in Section 13.20.050 of this chapter, every person who, without obtaining a permit from the sheriff or from the forester and fire warden authorizing him to do so, equips any vehicle with, or operates any vehicle equipped with, a shortwave radio receiver, is guilty of an infraction. (Ord. 83-0066 § 90, 1983: Ord. 5462 § 2, 1950: Ord. 4322 § 2, 1944.)

Cordially, Sonny

[Local Talent]

Thanks for looking this up, sir. Based on what you quoted, I found this:

13.10.050 Exemptions from permit requirements.

The provisions of Section 13.10.020 of this chapter do not apply to:
B. Any vehicle owned or operated by a person or association of persons licensed by the Federal Communications Commission to operate a fixed or mobile shortwave transmission station, one of the authorized purposes of which is to communicate by radio with such vehicle or with other vehicles owned or operated by such person or association. The owner of such vehicle coming within the foregoing exemption shall inform the sheriff of such use and give him the license number of the vehicle. Failure to do so is a misdemeanor;
C. Mobile telephone equipment for use in conjunction with communication service furnished by public utilities under the jurisdiction of the Public Utilities Commission of the state of California or the Federal Communications Commission. (Ord. 4861 § 1, 1947; Ord. 4322 § 4, 1942.)

And here's the app I referred to, for those interested: YouTube- myiphonereview.com: Police Scanner iPhone iPod Touch Application
There also seems to be a number of web sources for live scanner feeds.

So, outside of LA county, mobile reception seems legal as long as one is not involved in the commission of a crime (same as with body armor wear).
I recall seeing that marked private security vehicles were also exempt (they have FCC licensing, if I'm not mistaken), but can't find anything about that right now.

I have a feeling that this type of legislation is very hard to enforce and that security folks would likely get a "pass", but I like to know exactly what's on the books. :)
Thanks again!

[Blacksheep25]

Great info LT, and same to everyone, man this forum on point!

[edlegault]

...And so the thousands of ham (amateur) radio operators who live or drive through LA county need to inform the LA Sheriff of their FCC licensed mobile based transceiver (transmitter/receiver)? Not going to happen. Not me.

I used to think no local government agency had the authority to regulate what the feds (FCC) already do.

NX6ED

[Local Talent]

I think it's like the CCW situation. Local authorities regulate a right already guaranteed by the constitution and levels of enforcement vary wildly.