Understanding the Legality of Using a Police Scanner in California

Posted on: July 25th, 2023 by Dod Law

Police Scanner

In the digital age, information is readily available, and one common tool used by individuals to gain access to real-time updates is a police scanner. A police scanner allows users to listen in on public safety radio service communications, providing insights into local law enforcement activities. However, the legality of using a police scanner in California raises several questions.

Dod Law, APC is committed to helping individuals facing various charges in California, including those related to the use of police scanners. If you find yourself facing legal complications concerning the use of a police scanner, seeking professional assistance from our team can prove invaluable in safeguarding your rights and navigating the complexities of the legal system.

The Law on Police Scanners in California

A police scanner is a device that can tune in and receive radio frequencies used by law enforcement agencies, emergency services, and other public safety organizations. While traditional handheld police scanners were widely used in the past, technology has evolved, and nowadays, many individuals access police scanner functionality through smartphone apps or websites that provide live audio feeds from public safety radio channels.

The possession and use of a police scanner is legal in California. However, there are limitations and potential legal consequences associated with their use. Intercepting public safety radio communication without authorization to aid in a crime or evade justice is a misdemeanor. Similarly, disclosing the details of such communication to a known suspect for the purpose of avoiding arrest, trial, conviction, or punishment is also a misdemeanor.

Can Scanners Be Installed in Vehicles?

There are no specific laws against installing a police scanner in your vehicle in California. However, it is important to note that if you use a scanner to relay information while driving, you may find yourself charged with using a handheld device while operating a vehicle. It is essential to prioritize safety and comply with traffic laws when using any electronic device while driving.

What Happens If You’re Charged With Using a Police Scanner to Assist in a Crime

If you are charged with using a police scanner to aid in the commission of a criminal offense or to evade arrest, trial, conviction, or punishment, the legal implications can be significant. Being found guilty of such charges can result in misdemeanor convictions. However, it’s important to note that the specific penalties and consequences will vary based on the circumstances of the case and the discretion of the court.

When determining the appropriate penalties, the court will consider factors such as the nature and severity of the crime involved, the extent of your involvement, any prior criminal record, and the overall impact on public safety. Misdemeanor offenses generally carry penalties that can include fines, probation, community service, mandatory counseling or educational programs, and potential jail time of up to one year.

Potential Charges

Using a police scanner to aid and abet a crime involves actively assisting or facilitating criminal activities based on information obtained through the scanner. This can result in various charges and legal consequences. It allows the state to prosecute individuals who are involved in a crime, even if they did not directly commit the offense.

Aiding and abetting involves three key elements:

• Knowledge of the perpetrator’s illegal plan
• Intentional encouragement and facilitation.
• Active involvement in the crime

When charged with aiding and abetting a crime facilitated by the use of a police scanner, the specific charges and penalties will depend on the nature of the offense committed and the circumstances of the case. Prosecutors will assess the level of involvement and your role in the criminal activity.

Additionally, wiretapping charges may apply if you are involved in communicating, using, or attempting to communicate or use information gathered through the use of a police scanner. Wiretapping is considered a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony. 

Facing Legal Questions About Police Scanners in California? Reach Out to Dod Law, APC for Comprehensive Assistance

If you have been charged with a crime related to the use of a police scanner, the experienced legal team at Dod Law, APC can help. Our seasoned attorneys have over 18 years of experience and are committed to providing experienced, personalized legal counsel to individuals facing various criminal charges in California. 

We will assess your case, guide you through the legal process, and work to ensure that your rights and interests are represented. Contact us online or call us at our San Diego office (619) 814-5110 | Vista office 760-814-6025 today to schedule a free case evaluation and to learn more about how we may be able to help you.