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My question involves criminal law for the state of: California, L.A. county
so, in California, is it illegal to be in possesion of a police scanner in your vehicle while driving? also, is it illegal to be in posession of a handheld, portable police radio? for the time being, let's assume the individual's record is clean of misdemeanors, felonies, and traffic violations.
thanks in advance!
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.)