Man Charged With Possession Of Illegal App, in KY

[vontar]

Not putting this under news since, not firearm related.

As some of you know, i hobby with Scanners. I recently joined a message board that deals with almost everything about Scanners to ham radios. Let me tell you, they are as passionate about their radio scanners as we are about our guns.

However I came across this News Story I thought I should share, it can serve as a reminder of knowing the laws of another state when crossing the border like some of us do often.

Man Charged With Possession Of Illegal App

Man Charged With Possession Of Illegal App - Louisville News Story - WLKY Louisville

Police said Todd consented to a search, and they found applications on his Motorola cell phone that allowed him to monitor police transmissions.

The scanner transmissions may seem harmless, but in Kentucky and Indiana, it's illegal to use the radios, in any form, in a vehicle

Some of the arguments on the message board included that could deem any smart phone illegal as it is not always required to install software to stream police audio from websites that provide it.

They mirror our pro gun arguments.

Nov. 24, 2010 5:33pm EST Michael Cain

When scanners (and smartphone apps) are outlawed, only outlaws will have scanners (and smartphone apps). Get the comparison folks?

Anybody in possession of a smartphone with a data plan and media player driving through Indiana and Kentucky beware....you are subject to arrest and prosecution!

After all, one doesn't need an "illegal app" to listen to audio streams of police/fire/ems agencies broadcast over a dozen or more sites on the internet.

I am not going to copy and paste but if you want to see the actual law in another thread, along with a different topic.

Mobile Scanner Legality Question - The RadioReference.com Forums

Then post 17 and 18 got real interesting.

I know this, I won't be taking a scanner into KY.

[Guest db99wj]

Interesting. I have 5-0 Radio on my iPhone.

[kb4ns]

I have 5-0 Radio on my iPhone.

You're such a rebel...

[Guest db99wj]

You're such a rebel...

Well you know how I roll!

[vontar]

lets just say i was in KY last weekend. I had my .38 on my side and I might have had something else. Seems scanners are more legal trouble in your car in KY then a gun. I even read a post where a person went though the trouble of separating his scanner and battery while driving.

[Punisher84]

Interesting. I have 5-0 Radio on my iPhone.

Same here. Crazy that it'd be illegal.

[Guest spoolie]

Interesting. I have 5-0 Radio on my iPhone.

(deletes app while typing this)........never heard of such app on my Iphone?!!?!??!!?

[Fallguy]

It sounds like this guy had a lot going against him already.

I'd like to see the actual law. Does it actually say radio, or radio broadcast? The phone itself is not a radio, but it does/did allow you to listen to radio broadcast.

Does simply possessing one is a crime or listening to it or using it for illegal purposes? Hard to believe it just being in your vehicle would be illegal, but it could be I guess. In TN it is illegal to listen to scanner for criminal purposes (39-13-608 like robbing a place and listening to patrols, running and listening to where they are setting up etc...) but in general it is not illegal to listen to it while in your car.

I could be wrong...but if this was just Joe Blow not sure there would have been a big problem....it's just that this was an additional charge to lump on the guy...

[Guest President Fernatt]

That's ridiculous! Laws are Laws tho and I guess ignorance is no defense

[MikePapa1]

Another example why when the police ask for permission to search the answer should always be "NO!" Make them get a warrant if they have probable cause to do so.

[Fallguy]

Well based on what I can find on KY law...he does seem guilty as sin. Kentucky Revised Statutes

I think KY needs to update their laws though.....

[Fallguy]

Another example why when the police ask for permission to search the answer should always be "NO!" Make them get a warrant if they have probable cause to do so.

+1

[MikePapa1]

I practiced law in Indiana for 16 years before I came here and Indiana's statute is almost identical to Kentucky's. I only saw one person prosecuted under it and he was doing what the statute was designed to stop, using it in his car after knocking over liquor stores to get away.

[Fallguy]

I practiced law in Indiana for 16 years before I came here and Indiana's statute is almost identical to Kentucky's. I only saw one person prosecuted under it and he was doing what the statute was designed to stop, using it in his car after knocking over liquor stores to get away.

...and I think that is part of the reason this guy was charged.....he had other charges already....so just lumped more on.

Hopefully the law isn't routinely being used to prosecute all scanner listeners....but still bad that it appears to be written where it can be.

[Guest mcgyver210]

Another example why when the police ask for permission to search the answer should always be "NO!" Make them get a warrant if they have probable cause to do so.

Definitely never voluntarily give a LEO anything more than what is required by law. I also keep my phone locked & it can be erased remotely or by trying incorrect PW too many times.

[whiskey]

Listening to 5-0 Radio for Metro Nashville now.

[Guest tnxdshooter]

Just like in virginia radar detectors are illegal. Both Virginia and KY are common wealths so this does not surprise me they tend to just "make up laws" as they go there.

[Fallguy]

Just like in virginia radar detectors are illegal. Both Virginia and KY are common wealths so this does not surprise me they tend to just "make up laws" as they go there.

?????????

Best I can tell the Kentucky law has been on the books since 1974. Also radar detectors are illegal in several states. And lastly there is no legal difference between a commonwealth and a state.

[Guest Jamie]

And lastly there is no legal difference between a commonwealth and a state.

Spend some time in a Kentucky courtroom and see if you still say that.

Yeeeesh, I've never been so glad to get back over a state line in my entire life.

[Fallguy]

Spend some time in a Kentucky courtroom and see if you still say that.

Yeeeesh, I've never been so glad to get back over a state line in my entire life.

Didn't say things weren't a bit in different in KY than TN or any other state/commonwealth for that matter.

It just seemed that he implied that since KY and VA call themselves commonwealths as opposed to states that had something to do with they way the make and enforce laws. They may very well do somethings different, but the fact they call themselves commonwealths have nothing to do with it.

[Will H]

That's ridiculous! Laws are Laws tho and I guess ignorance is no defense

Exactly, and we should all know and obey all laws on the books. BTW the following still exists in Tennessee....

Giving and receiving oral sex is prohibited by law.

Hollow logs may not be sold

More than 8 women may not live in the same house because that would constitute a brothel.

No person may keep a cheetah as a pet

Throwing stones is prohibited as it might break a window

Illegal for a woman to drive a car unless there is a man either running or walking in front of it waving a red flag to warn approaching motorists and pedestrians. (Memphis)

You can't shoot any game other that whales from a moving automobile

Let's make sure we know and follow all laws. They exist for a reason... And I apparently, am a criminal.

Edited November 9, 2011 by Will H

[vontar]

See, there is a problem when we elect the law makers. They feel they need to make new laws whether or not we need new laws and no one brothers with removing out dated laws from the books.

[Guest WyattEarp]

It sounds like this guy had a lot going against him already.

I'd like to see the actual law. Does it actually say radio, or radio broadcast? The phone itself is not a radio, but it does/did allow you to listen to radio broadcast.

Does simply possessing one is a crime or listening to it or using it for illegal purposes? Hard to believe it just being in your vehicle would be illegal, but it could be I guess. In TN it is illegal to listen to scanner for criminal purposes (39-13-608 like robbing a place and listening to patrols, running and listening to where they are setting up etc...) but in general it is not illegal to listen to it while in your car.

I could be wrong...but if this was just Joe Blow not sure there would have been a big problem....it's just that this was an additional charge to lump on the guy...

the warrants I can understand, but the charges for a scanner app are stupid.

It's one thing if used it during the commission of a crime, quite another if he just had the app on his phone and wasn't even listening to it all. I agree that the laws need to be updated to only be unlawful during the use of a scanner for malicious purposes or during the commission of a crime for the purposes of avoiding or evading police (it would be dumb to charge someone for listening to a scanner if they were speeding)

what about weather enthusiasts and storm chasers who use scanners to listen in on SkyWarn frequency chatter to get realtime, up-to-the-minute updates of severe weather conditions, where it's at, how fast it's traveling and where it's headed? they all use scanners.

The police should do what the military, Secret Service, FBI, ATF and DEA does, use digitally encrypted secure communications with changing encryption keys that only specialized transmitters and receivers can decrypt and get a designated set of frequencies that are off limits to the public, and make it illegal for companies to manufacture and sell scanners that operate on those frequencies to the general public.

guess I won't be doing any storm chasing in Kentucky ever!

(deletes app while typing this)........never heard of such app on my Iphone?!!?!??!!?

no need to delete it. just use this.

https://market.android.com/details?id=com.dw.apphider&feature=search_result

[G27]

I'd like to see the actual law. Does it actually say radio, or radio broadcast? The phone itself is not a radio, but it does/did allow you to listen to radio broadcast.

Wellllllll, technically a 'radio' is any device that can receive radio broadcasts (any modulated signal below visible light) - cell phones, wifi connected devices, etc. can all be classified as 'radios'...

[G27]

Illegal for a woman to drive a car unless there is a man either running or walking in front of it waving a red flag to warn approaching motorists and pedestrians. (Memphis)

I'd say that's a pretty sensible law, actually...

*ducks*