What is a Police Scanner?
Police scanners, also referred to as two-way radio receivers, are devices that can monitor specific radio frequencies where law enforcement, emergency medical service, and other first responders communicate. Scanners are not capable of two-way radio communications, such as when a police officer radios in to dispatch about a particular situation. Scanners have the ability to listen in on these radio communications and alert the user when potential emergencies are in progress. Some police scanners only monitor FM radio frequencies, which results in a poor ability to pick up radio communications outside of a few short miles. Other police scanners have continued with the evolution of digital electronics. These scanners , called trunking scanners, can monitor trunked radio systems, such as Motorola Type II Smartnet systems, with the right software. As price and technology has improved, civilians have been afforded the ability to own and use a police scanner. While once confined to police officers, dispatchers, and a small number of interested enthusiasts, most mid to high-end police scanners are now within the price-range of many concerned citizens. Without proper training, however, it is difficult to teach a new owner how to use a police scanner. This is especially true for trunked analog and digital radio systems, which require programming based on the layout of a particular radio system.
Illinois Police Scanners
In Illinois, the regulation of police scanner use can be broken down into three categories: scanners in the car, for personal use, and for business use.
Scanners in the Car
In Illinois, it is prohibited for any person who knows or has reason to know that any communications are being transmitted over a police radio communications system, to transmit or communicate by means of a two-way radio the existence or nature of any such communications, or to in any manner aid or assist another to do so. (720 ILCS 5/14-3) This includes two-way radios that are built into cars.
Personal Use of Scanners and Two-Way Radios
The Illinois Compiled Statutes provides that "it is unlawful for any person to possess with intent to use, or to possess with intent to allow another person to use, an electronic device that is primarily useful for the purpose of intercepting electronic transmissions, including, but not limited to, all of the following: radar detectors, police scanners, two-way radios, and computer scanners." (505 ILCS 80/5) However, under the law, "this section does not prohibit a person from using or possessing an electronic device that is primarily useful for the purpose of intercepting electronic transmissions: (1) for any other purpose allowed by federal law; or (2) for a different purpose determined by a license plate discount request program established by the Secretary of State." (505 ILCS 80/30)
Business Use of Scanners and Two-Way Radios
As of January 1, 2008, 720 ILCS 5/14-3.1 surrounds the business use of scanners and two-way radios. In Illinois, it is illegal for a person to "purchase, receive, possess or transport in connection with an owner-operator business a two-way radio transmitter, two-way radio transceiver, or two-way radio telephone that is capable of two-way communication on any frequency in the state during the course of performing services as an owner-operator of a commercial motor vehicle, unless the individual has registered the system with the Illinois Commerce Commission." (720 ILCS 5/14-3.1(1)) This registration must be submitted to the ICC "at least 30 days prior to beginning the performance of services as an owner-operator of a commercial motor vehicle within the authority of the [ICC]." (720 ILCS 5/14-3.1(2)(a))
Relevant Federal Laws
Federal Regulations Impacting Scanner Use: The Impact of the Interstate Aspect
Beyond state laws, there are various federal regulations that influence the legal landscape of police scanner use, regardless of location. The Federal Communications Commission (FCC) is the main entity in charge of governing public radio transmissions, which encompasses law enforcement radio communications. Even in this day and age, most police radios still operate within the VHF/UHF radio frequency spectrum, a hive of activity for many other types of broadcasts as well.
In 1958, the FCC enacted Regulation 15.2, which broadly prohibits any listeners from obtaining information regarding the content of police communications via third party communications and or non-public transmissions. If caught doing so, one may be subject to penal sanctions. Through the years however, Regulation 15.2 has been subject to many exemptions under various states’ open records policies, which allows the public the right to access and listen to police communications. The biggest question, despite the vague language of the Regulation is whether or not police scanners can legally disseminate police communications, especially in light of this federal law which has not been amended since its 1958 inception.
The United States Supreme Court weighed in on the issue two decades after the ratification, but none too definitively. In a 1974 case known as Secretary of State for Defence v. Flanagan; Flanagan was a British citizen who had been in possession of a tape recorder within the United States and was under investigation for recording and distributing secret communications of the British, Russian, American and New Zealand air forces. He eventually won his case, but the Supreme Court did not clarify Federal Regulation 15.2. Instead, they left the issue of whether or not individuals can listen to police communications up to the states.
So where does that leave us? Well, for many states, it allows for a more lenient policy toward scanner use, and in Illinois, the Interstate Aspect applies. Because Illinois police radio frequencies may be picked up by people in states such as Iowa, Indiana, Kentucky and Wisconsin, those citizens may be exempt from the state of Illinois’ laws providing for state-wide closed and encrypted communications.
Legal Ramifications of Misuse
The primary legal consequence of misusing a police scanner is the criminal offense of "unlawful use of a scanner or radio receiver." Back in 1963, Illinois passed the law, which is under the Illinois Criminal Code 720 ILCS 5/14-3, banning the use of scanners during certain criminal activities.
Specifically, the law prohibits the use of a "Commission scanner radio receiver" during the commission of an arrestable offense. An arrestable offense, in accordance with 720 ILCS 5/14-3(c), is any act that would constitute a violation of one of the following:
Therefore, this means that if a person involved in any of these criminal activities, and possesses or uses a police radio scanner to assist in their crime, they have committed a Class A misdemeanor. A Class A misdemeanor is punishable by a fine of up to $2,500 and/or a maximum of 12 months in prison. It should be noted that all of these offenses would require a person to be in physical possession of the scanner during the commission of the crime—in other words, simply possessing a scanner does not violate the law.
Therefore, it is important to emphasize that illegal content The only way that illegal content from a police scanner can lead to a Class A misdemeanor is if the person was actually using the content of that information to commit an arrestable offense at the moment it was happening. For example, if a person is in a robbery and they are using a scanner to listen to a police call for backup, and then the person is caught, that individual will be charged with the offense of unlawful use of a scanner. Otherwise, a simple possession charge is not sufficient to meet the elements of the offense.
Exceptions
As stated in 720 ILCS 5/14-3, one notable exception to the above is "a person who communicates with, or cooperates with, law enforcement officials concerning a criminal offense," as the possession of a scanner is not deemed harmful in this specific case. Additionally, the code even states that the law does not apply to "political subdivisions, public utilities, or licensed radio engineers acting for, and on behalf of political subdivisions or public utilities."
In other words, if a person listens to a police call that is not doing anything illegal or helping others commit crimes, and always uses the scanner and its content for legitimate purposes, that person has little fear of legal repercussions for their scanner use in Illinois.
Exceptions to the Law
Each of these circumstances must be proven to obtain the exception to the general rule in Illinois. Even if the exception applies to your situation, making this showing may take some time and effort. For that reason, you should not risk committing a criminal act in order to determine whether an exception applies to you. Another approach would be to apply for special permission from the appropriate law enforcement agency to monitor police communications.
Through the Freedom of Information Act or FOIA, it is sometimes possible to obtain the permission of the law enforcement agency being monitored. Under FOIA request procedures , the applicant must, among other things show a damage to a public interest. In defense of a FOIA action, an agency can claim that there is a real and credible threat that monitoring of police communications would compromise an ongoing investigation or would further other conduct that damages public safety. If this type of FOIA request is denied by the agency being monitored, the next step would be to appeal the denial with the Public Access Counselor of the Illinois Attorney General—a free service.
Public Controversy and the Breach of Privacy
The public debate surrounding police scanners in Illinois has been ongoing for some time. Supporters of police scanner use advocate for open communication between authorities and the public, viewing it as a matter of free speech. They argue that the information shared over police communication lines is crucial for public awareness, safety, and fostering community trust in law enforcement. For these individuals, having access to real-time information about police activity helps to keep citizens informed and involved in community issues.
However, critics caution that unrestricted access to police scanners could hinder law enforcement efforts and endanger officers and the public alike. Their main argument is that such access allows people to stay one step ahead of police investigations, facilitating criminal activities and making it more difficult for officers to perform their duties. In addition, privacy advocates question whether it is in the public’s best interest to have easy access to sensitive information about crime and arrest details.
The clash of these two perspectives has been at the center of a debate that, thus far, does not have a clear resolution. The Illinois courts have weighed in on the matter by striking down laws that would have limited access to police scanners. Most prominently, Harris vs. Quinn invalidated state laws that prohibited using a police scanner for "scanning" intending to commit illegal acts. But this ruling did not provide clear guidance on the legality of broadcasting or recording of police communications, which remain legal despite the courts’ rulings.
In the end, the future of police scanner use in Illinois remains unclear, with both sides presenting compelling arguments. As technology continues to advance and become more accessible, it is likely that this debate will continue.
How to Legally Obtain and Use a Police Scanner
It is essential for anyone considering a police scanner in Illinois to understand the legal boundaries. While it is not illegal to own a police scanning device, both the Federal Communications Commission (FCC) and Illinois state law regulate how you can go about listening in on police calls.
As long as you plan on listening in to police calls only with the intent of your own enjoyment and not sharing those calls or information with others, you shouldn’t have problems. In order to stay out of legal trouble through the use of a police scanner in Illinois, you should always follow these best practices for the use of a police scanner:
- If at all possible, avoid using your police scanner while in your car. Even if you’re simply enjoying the sounds of police communication in your vehicle, there’s a chance that the officer will be able to see you listening. In many cases, this is considered an invasion of privacy. This is also true regardless of what type of frequency you’re tuning into. While FD and EMS frequencies are considered public and you aren’t listening to private communication, the fact that it’s a police call means you should avoid listening to it in your vehicle.
- Ensure your scanner is always set on trunking and not on conventional mode. This means it only scans frequencies when the group or department is sending out a signal. When you listen on conventional mode and the department isn’t broadcasting, you’re actively scanning through signals. Confirmation of ID’s before entering your house or wearing a body microphone are risky times, as these are instances when officers are communicating non-emergency calls.
- Don’t interfere with police officers or emergency workers while they are working. Even if you don’t think your words or actions will be heard by those working while you’re monitoring your scanner, there’s a chance they will. You can be held responsible for interfering with how police work, whether you’re placing a call or simply communicating with those around about what you hear.
- Don’t ask police or other emergency responders questions directly based on what you hear over the air. Police and emergency responders do not appreciate being distracted from their work, you should not request information from them based on what you hear on your scanner.
- Don’t report crimes yourself based on what you hear. Once you overhear something like a shooting or robbery, if you feel the need to report the incident, do so directly to the police, not through your scanner. Translating your information gives someone else a chance to alter the truth before it can be registered in their system.
If you violate any limits are restrictions based on the laws of Illinois or the FCC, you may be subject to severe penalties, which in some cases is a fine of up to $10,000. Ignorance of the law will not absolve you from any fines or punishments.
When you’re using your scanner to listen in on police or emergency broadcast communications, you should always keep in mind that you’re listening in to such broadcasts for your own enjoyment or informational purposes only. You should never disseminate any information or information you may overhear over the airwaves. This is a criminal act and will have serious consequences. You should also keep in mind that the privacy of others is important and that any information of this nature should remain private.
Conclusion and the Bottomline
As we’ve discussed, police scanners can be complex tools, and the laws concerning their use can change fairly quickly. You want to ensure that you purchase your scanner from a reputable source, that you understand the specific laws governing their use, and that you know how to use the scanner correctly to avoid potential violations .
We recommend that you make yourself aware of all local and national laws and stay on top of any changes and updates that might occur. It’s always a good idea to read through all information that comes along with your units, don’t set them up and forget them, and continue to monitor changes in the law as you use them over time.