(Pictured is serial impersonator Jeremy DeWitte, who used radios to impersonate law enforcement officers.)
Can I use an 800 MHz radio as a police scanner?
We are regularly asked this question, and we always respond, “no, we don’t think that’s a good idea.” Our response is often met with discontent by radio enthusiasts who disagree with our opinion. So, we thought it would be helpful to provide a detailed explanation as to why we discourage this practice and share thoughts on why the practice may be illegal. Before we begin, we must disclaim:
- The operator of a radio is responsible for its legal and licensed use;
- An FCC license is required to operate every radio we sell;
- This article does not provide an end-all legal opinion. If you are concerned about the legality of your radio use, you should contact a lawyer.
With that said, lets dive into this topic!
First, some radio enthusiasts view “radios as scanners” as a loophole to their state’s scanner laws. Their logic is that their radio is a not a scanner - it’s radio! However, as the expression goes, if it looks like a duck, swims like a duck, and quacks like a duck, it’s a duck! Using a mobile radio to bypass scanner laws will probably not hold up in court. And even if it could, do you want to have this debate on a roadside with a uniformed officer
Second, there are police impersonation laws. Operating a radio, with public safety frequencies active, may convince some that the operator is law enforcement. Depending on what you are doing when you have the radio, you might be perceived as a police impersonator – even if that wasn’t intent.
Third, are federal computer hacking laws. You need to understand that modern public safety radio networks are like computer networks. Once an unknown device enters the network, it could wreak havoc on the radio network. Improper programming could interfere with other radios - and disrupt emergency communications. There are examples of felony “cybercrime” prosecutions of ham radio operators programming radios for non-affiliated trunking, and being indicted for computer hacking. Professional trunking radios are designed to affiliate and transmit on public safety radio systems by default, making them very risky if programmed incorrectly.
In addition to improper programming, proprietary system keys are copyrighted to the manufacturers, which means reusing them without permission is copyright infringement. Programming a radio to a trunking network for non-affiliated scanning might seem harmless but it’s actually a serious crime.
Fourth, there are dozens of state and local radio laws, which are easily overlooked but still prosecutable. We’ve heard of cases where radio owners programmed 800 MHz radios to listen to state police agencies - and resold them on eBay - drawing the attention of the state police. They apparently researched the topic prior to sale, and thought their operation was legal. But they failed to realize that their state law specifically stated that the programming of any transceiver to a public safety frequency was a crime. So, while the radios were programmed in receive-only mode, they were still transceivers and therefore the programming of them was illegal. Could you imagine your local deputy showing up at your house over a $150 eBay sale for a used radio?!
We provided four reasons to not use a radio as a scanner. But keep in mind, the above is not end all, and might not cover all legal issues. We recognize that the vast majority of “radio as a scanner” enthusiasts have no ill intent. They are law abiding citizens with an interest in public safety. Many have ham licenses - or they might be a member of their local rescue squad. However, understanding the above issues, might help them find a more suitable solution.
Finally, just a reminder, you should not operate a radio on any frequency unless you have an FCC license or approval from the license holder. Compliance with radio laws are doable, but the penalties for violating them are harsh.
Note:
We love radios like you do.
We understand many radio enthusiasts want to listen to public safety frequencies on their existing radios. Some of them are public safety employees or volunteers, and want to program “receive-only” frequencies for their local rescue squads. For example, a volunteer EMT might want to listen to his local PD frequencies on his department radio. Or, a local search and rescue squad, wants to listen to their local Coast Guard channel.
There are many practical purposes that a radio owner might want to program receive-only frequencies on their existing radio - and it happens often. And in fact, in many cases, the license holder of these frequencies may encourage it, and provide permission to program.
However, we can’t opine on what’s a legal or acceptable exception, so we wanted to provide a blanket opinion on why we feel this practice is a bad idea in general.
