The truth is that owning and using a scanner for use in your own home is legal, however, there are some things that are illegal to do with a scanner.
Scanner Monitoring Laws
Law regulating the use of radio scanners are enforced by the FCC (Federal Communications Commission) and spelled out in the Electronic Communications Privacy Act of 1986 (ECPA). Below are some of the more important laws regulating usage:
- It is illegal to listen in on cellular and cordless phone calls.
- It is illegal to intercept encrypted or scrambled communications.
- It is illegal for scanner manufacturers to sell or import radio scanners that are capable of receiving cellular phone frequencies. (Note: This rule does not apply to sales by individuals and radio scanners made before 1985).
- It is illegal to modify radio scanners so that cellular phone frequencies can be received.
- It is illegal to use information you hear for personal gain. A common example is where a taxi driver listens to a competitor's dispatch channel for fare pick-ups and then races over and picks-up the fares.
- It is illegal to use information you hear to aid in the commission of a crime.
- It is illegal to disclose information you hear to other persons.
In addition to Federal laws, local restrictions may apply and vary from state to state. For example, a few states require a permit or FCC amateur license for mobile scanner usage. See links below for more information on scanning laws for your area.
The Bottom Line
It may sound complicated, but don’t worry, if you are a law-abiding citizen and are not a convicted felon, there you should not have a problem using a scanner, even for mobile use.
As you may know, I never go anywhere without my scanner and I have been pulled over several times over the last twenty-something years and have never had a problem.
Most officers were amused by my scanner and one even asked where he could get one. (Got a related story? Share it in the comments section)
Scanning Law Resources
The following resources listed below contain further information where you can learn more about scanning laws that may apply in your state.
- Scanning Reference: Laws, Rules, & Regulations - Link index to scanning law pages for various states.
- Mobile Scanner & Radar Detector Laws in US - Great site! Lots of info here.
- American Law Sources Online - Can’t find scanning law resources for your state? Try searching for it yourself at LawSource.com.
-Ruben Flores
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