C
Charger383
Guest
By Mark A Bajek :
Dear Scanner enthusiasts:
Do you have a scanner in your car?
Do you ever travel to the State of Michigan?
Do you mind being called a CRIMINAL because of your hobby?
IF the answer is "YES" stay out of Michigan,and write Michigan's Legislature and tourism industry. Tell
them how you feel.
The State of Michigan has a law on its books (MCL750.50<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> that prohibits "equipping a vehicle with a
scanner. (Even though the law says "equip" in practice it has been interpretted as "possess" (see letter
below from Lenawee County Prosecutor)).
I was made aware of this law when I was involved in a traffic stop on 1 31 00 and nearly JAILED for
possession of a scanner in my car. (no citation issued). ON the passenger seat next to me was a Radio
Shack hand held scanner. (I had just used it to listen to tower frequencies at Flint, MI Bishop Airport
among other area communications).
Once the officer saw this scanner. I was asked to exit the vehicle (Backup was requested), I was frisked
twice and locked in the rear seat of a police car while my vehicle and contents were searched for further
"contraband" (i.e. tools of the criminal trade). None were found.
This law paints all scannists with a wide brush. Calling us Criminals by inference just because we
practice our chosen hobby.
It does Not matter what is programmed into your radio (i.e. Air,Rail,PSB,Race etc....). If your vehicle is
"equipped" with any radio capable of receiving PSB frequencies, you are in violation and could face a
year in Jail + a $500.00 fine.
We scanner owners are not criminals and should not be treated as such!
Tourists traveling to the state of MI need to be aware of this legislation. So they can avoid being
frisked,and placed in the rear of a police car,while their vehicle(s) are searched for further criminal
parahernalia.
I have started a written protest of this law and would appreciate any help in this effort. Please send a
letter to Michigan's state officials at the bottom of the page. Please tell your freinds in the Rail/Radio
community of this effort also.) It will not succeed without your help. Even one extra letter can break the
camel's back, I would like to crush it!
I had leased a 14 x 48 foot freeway billboard during the months of May/June 2000 to warn tourists
entering MI to attend Michigan Speedway for the first NASCAR race June 11.
(RACING FANS write NASCAR/CART ask them to support this movement.)
These fellow scannists need to be aware of this law.
Our freedoms are taken away gradually,incrimentally,unnoticeably. Until one day all we will have to
listen to is static...or perhaps the sound of prison doors locking behind us.
We as a group (scannints) can reclaim our hobby if we band together.
The only force required to combat this erosion is the force of reason... We as well as you (tourists) from
outside of the State of Michigan (put pen to paper)...Make your feelings known. This has to change,
next time...it may be you standing out in the cold being frisked...(the addresses are at the bottom of this
post).
If the State of Michigan believes enough scanning tourists (and their dollars) will stay away from
Michigan due to its repressive laws; This legislation can be changed. As this law is currently "policed"
(by all police agencies I have talked to) I cannot even transport a scanner to the Ohio border where
possession of a scanner in a car is still legal (for the time being).
What reasonable traveling scanner owner would plan a visit to a state that does NOT welcome their
hobby (or dollars), and instead would rather toss them in jail for a year?
Any suggestions on the radio community's part would be welcome.
Thank You for your time.
The Following is MCL750.508 in its entirety. (MY COMMENTS Follow .....and substitute Law
suggestions,plus a response from the Michigan State Police, and Lenawee County Prosecutors office).
THE MICHIGAN PENAL CODE (ACT 328 OF 1931).
750.508 Equipping vehicle with radio able to receive signals on frequencies assigned for police
purposes;permit required;exceptions;misdemeanor;penalty;radar detectors not restricted.
Sec. 508 (1) Any person who shall equip a vehicle with a radio receiving set that will receive signals sent
on frequencies assigned by the federal communications commission of the United States of America for
police purposes, or a bonafide amateur radio operator holding a technician class,general,advanced,or
extra class amateur license issued by the federal communications commission,without first securing a
permit so to do from the director of the department of state police upon application as he or she may
prescribe,shall be guilty of a misdemeanor,punishable by imprisonment in the county jail for not more
than 1 year,or by a fine of not more than $500.00, or both fine and imprisonment in the discretion of the
court.
2) This section shall not be construed as restricting the use of radar detectors.
History: 1931,Act 328,Eff.Sept 18,1931;-Am.1939,Act 295,Eff.Sept 29,1939;--CL
1948,750.508;--Am.1957,Act 242,Eff.Sept.27,1957;--Am.1990,Act77,Imd.Eff May 24,1990.
Constitutionality; This section,which prohibits equipping or using a vehicle with a radio receiving set
capable of receiving frequencies assigned for police purposes,was enacted to facilitate law enforcement
activity. This section's classifications which are rationally related to the statute's objective,consistent
with equal protection and due process guarantees. People v. Gilbert, 414 Mich. 191,324 N.W. 2d 834
(1982).
Former law: See section 5 of Act 152 of 1929,S 578.
=========================================
*****************************************************************
End of Statement of Current Law (MY Comments continue)
===========================================
1) The Director of the State Police (Col.Robinson) has the perview to deny permit. It appears HAMS
may have "privilages" the general public does not, see following letter from MSP.
2) You Must be a Michigan resident to even apply for a permit. If you're from out of state you better be
a HAM!
Even if you are a HAM you better carry your FCC license with you.....
What's next, a permit to listen to Paul Harvey or a State license to watch QVC?
These radios do not transmit; they only receive.
What business is it of the State Police to control frequency reception the FCC deems legal to broadcast
and receive?
How could this have been allowed to happen?
This law has been on the books since 1931, it preceeds the FCC act of 1934. But has not been
challenged in the courts by itself..IF you read the opinion of People v. Gilbert (radar detector challenge).
While the court sided with Gilbert on the radar detector issue, in the desenting opinion section the court
sided with the state of Michigan in regards to police radio transmissions.
Stating that MCL750.508 serves a greater good by discriminating against the law-abiding by enacting a
law that pre-empts a criminal (burglar,robber, or (you,me,your parents) by restricting possession of a
scanner in a car. (Because you could be a criminal, So let's punish the law-abiding scanner user).
After all it's OK. Most of them are just geeks anyway, and couldn't challenge this legislation if they
wanted to..
The Gauntlet's been thrown, shall we pick up the challenge?
Basically, it's like saying: We should arrest shoppers before they enter a K Mart because they could
possibly commit a crime (shoplift) while in the store.
=============================================
The Following is a suggested corrected law.
============================================
(SHORT VERSION)
If, while in commission of a Felony and convicted of such crime,you have in your possession,and use
as a tool to aid in perpetrating any felony,a device (commonly called a "police scanner") that can receive
FCC frequencies allocated to any police agency, a mandatory additional 1 yr. shall be added to your
prison sentence and shall not run concurrent with any other sentence handed down by any Michigan
State Court.
-- Now, if this version of the law were to take effect. It would solve both concerns.
1) Impose a stiff criminal sentence (equal to that of the current statute).
2) Would allow law-abiding citizens the freedom to enjoy their chosen hobby and also generate
consumer electronic purchases (sales taxes).
THE REALLY LONG VERSION
Any person(s) If, while in commission of a felony, (as defined or perceived by the State of MI) and
convicted of such crime, shall with due process in accordance with the Constitution(s) of the State of
MI and the United States of America within the judicial system of MI,have in his/her possession (either
in vehicle,building,or on their person(s)) any device capable of receiving FCC regulated frequencies
apportioned to a spectrum of bandwidth that is allocated to any public safety agency charged by the
public with the task of law enforcement....shall be judged guilty of a misdemeanor punishable by
imprisonment within the State corrections system of MI of an additional (mandatory) 1yr.sentence.
Which shall not run concurrent with any sentence handed down by any court within the legal
jurisdiction of the State of Michigan and may be charged with a fine not to exceed $500.00 US dollars at
the discretion of the presiding judge.
This section shall not be contrued as restricting the use of radar detectors or use of a device capable of
receiving FCC allocated Public Service Band radio bandwidth or frequencies (commonly called Police
Scanners) for purposes not associated with felony criminal activity. Police scanners (receive only) shall
be deemed lawful devices, regardless of location of use. Such devices not requiring licensing or permit
by any agency or authority of the State of MI, may be used by the law-abiding citizens of MI as well as
the travelling public in general for enjoyment and informational purposes. Any information received
shall not be used to aid in the commission of a felony or to endanger any law enforcement agent or
agency(s) within the jurisdictional boundaries of the State of Michigan. Under a prescribed penalty not
to exceed a sentence of life imprisonment from the judicial system of the State of MI.
The State of MI may not under any circumstances restrict reception (either by regulation,penalty, or by
the use of technology not available to the law-abiding citizens of the State of MI) of any FCC bandwidth
including public safety frequencies (i.e. police,fire,government radio communications) as regulated by
the FCC.
These frequencies shall be deemed of informational nature to the general public at large with the only
exception; where life and safety of a public safety official is deemed to be in imminent danger with
tremendous proportion to the normal daily activities of the public safety officials daily duties.
===============
Now the letter from the MSP
===============
(I sent the director a letter (snail mail) inquiring why the state police had the burden of issuing permits
for scanners). The response was delegated to Capt. Miller of the communications division of MSP.
Dear Mr. Bajek;
On behalf of Col. Robinson, I am responding to your letter dated February 16, 2000.
Your opinions and questions are valid,however, MCL 750.508 is in place to deter citizens from
responding to, or pursuing public safety agencies in responding to emergency calls for assistance.
MCL750.508 states,"......unless such vehicle is used or owned by a peace officer or a bona fide amateur
radio operator holding a technician class,general,advanced,or extra class amateur license issued by the
Federal Communications Commission..."
Simply stated, if you hold a amateur license issued by the Federal Communications Commission,you do
not need a scanner permit issued by the Department of State Police. The current statute continues to
provide reasonable intent in regard to restricting the inappropriate use of scanner devices by criminal
elements of our society.
Your expressed interest in this particular statute and law enforcement in general is appreciated.
==========================================
END of LETTER (My comments continue)
========================================
Assuming Capt. Miller's interpretation of the law is correct, he is giving amnesty to all FCC license
holders to carry a scanner in their vehicles. They DO NOT need permit.
However, in paragraph one. The State of Michigan (MSP at least) appears to be calling scanner
operators ambulance chasers!
It also appears that the Michigan State Legislature considers listeners (Non-FCC licensed amateurs)
Second class citizens.
Why are amateur radio operators allowed to listen to police frequencies,(and all other bandwidth) while
in their cars but the general public is not?
The reason stated to me by many HAMS is that they have earned the "privilage" because they use their
equipment to serve a higher purpose....To help with communications during emergencies.
Wonderful!!!! I appreciate your service and applaud your sacrifice to humanity! I still don't understand
the reason for discriminating against a law-abiding US citizen who just wishes to listen to Federal
bandwidth, be it Rail,Air,PSB,Marine,Military whatever from the comfort of their car.
What is to prevent an amatuer radio operator from first chasing an ambulance, then robbing a bank and
eluding the police with the information gleaned from a scanner or amateur radio gear?
Do they have higer morals than the common scannist?
IT may interest you to know the following. (This speaks to the "policing" of the law as practiced by
individual line officers).
Prior to my starting this plea for help.
I was pulled over in Bridgeport, MI. I was only released from custody,after my hand held scanner was
found to not contain frequencies used by Bridgeport (the nearest were Flint,MI. 15 miles to the south)
and after a very stern talking to by both officers who frisked me. (I know ignorance of the law is NO
excuse).
When I got home I called my local police dept;(Westland and MSP Lansing) to find out if this law did
indeed exist.
Neither dept. could site code or text, but both treated me as a criminal just for asking on the phone about
the law. "Why do you want to know?", Yes, It's a crime! You Can't have it in your car.!"
My local library could not find the law either. (although they tried very hard). I called Larry Van Horn at
"Monitoring Times Magazine" in NC. He sited the law word for word. He was very helpful (thank you).
My state legislator's office sent the entire law to me three days later the challenge began.
0n 3 26 00 I went for a drive looking for billboard sites....During the ride I had the opportunity to visit a
State of MI Welcome center ( tourism bureau). I asked the person manning the counter if she knew of
any laws precluding having a scanner in a vehicle in MI. She replied," YES,I beleive you cannot have a
scanner in your car, unless it is off and out of sight. I think". I then asked, Could you find out for
certain? She said, " It was Sunday and there was no one else to ask." I suggested she call the MSP and
she politely did so. She asked the trooper on the other end of the phone the followning. I have a
gentleman here, who is asking if it is OK to have a scanner in a car? The response from the trooper
was....NO, it is illegal and you cannot have a scanner in a car at all. She then asked, Even if it is off and
in the trunk? The trooper responded. NO, NOT even in your trunk, it is unlawful period. Even the
tourist person could not beleive the answer. I thanked her for her courtesy and left.
Remember, MCL750.508 is "policed" by the officer who pulls you over....Without permit you are in
violation. ATTN: All HAMS out there....you better have your documents in order or you're in the same
boat as the tourist from Ohio who just happens to cross the border with a scanner in his/her car to go
to a NASCAR race in Brooklyn, MI. or the railfan who happens to be sitting at a rail siding
photographing a locomotive.
One week later (on another ride) I stopped into the travel bureau on NB I 75 and asked the same
question to the person manning this counter.
She had no idea what I was talking about. (Scanner?) and I explained that some states do have laws
against Police scanners and could you find out.....She called the Monroe , MI post of the MSP....and
handed me the phone...
Again, I asked the question....Hi, I'm at the travel center in Erie, MI and I was wondering if you have any
laws pertaining to having a scanner in a personal vehicle.? The trooper said YES,You cannot have one
in your car. I asked , what if I have it in my luggage in my trunk? No, You cannot enter the state of MI
with a scanner in your car. I thanked the trooper and hung up the phone. I then thanked the travel
bureau person for her courtesy and left.(4 for 4) 5 for 5 if you count Bridgeport).
You may interpret the law as you wish.....Please call MSP,any post and ask them for yourself. Who
knows you may get a different answer, than I have....When my legislative rep sent the copy of the law to
me. It came from the office of legislative research. The cover letter interpretted the law as could not use
in a vehicle, Not just use the vehicle if equipped.
It appears the law as "enforced" on the street is up to "interpretation" or up to the discretion of the
"charging officer", AS in CHARGING you with a "CRIME" for having a scanner in the car. (I have now
been informed; prosecutors actually enforce the law....Police are supposed to only "arrest" you, then,
"Charge you with a Crime", and they are not supposed to give legal advice either..)
I have never been pulled over by a prosecutor, Just Police, and I have yet to be frisked by a prosecutor,
only by the police.
In practice this law is "enforced" by the police.
Michigan Residents may apply for a Scanner permit from MSP....call (517) 336 6240.
Tourists CANNOT apply and Will Be Considered Criminals as soon as they cross the border....Why?
They have no recourse other than to become HAMS.
Now that I am informed of the law, I Have asked for a permit from MSP and have been granted one.
However, I DO NOT beleive the State of Michigan has any right to ask me or you or anyone at all to
apply for permission to just "listen".
I Do NOT wish to be on a registry of scanner owners.. I Wish to be compliant with the current law, until
it can be changed.
This permit may protect me from arrest. It will NOT protect me from harassment....I will still need to prove
to the officer I am NOT a criminal. See, I have this little peice of paper that says I am better than the guy
without the permit). This is JUST PURE......NO WAY, NO How!! am I going to let this go unchallenged.
I am NOT better than the guy from Rocky River, OH or the scannist from Iowa who is not informed of
Michigan's Stupid law.
Modify the law, or dump it all together.
We ARE NOT CRIMINALS AND SHOULD NOT BE TREATED AS SUCH!! NOT by association of
equipment, Not by mindset of the police agencies of Michigan....NOT AT ALL, (unless we commit a
crime).
WE ARE Scanner owners, that is all, Hobbyists,who just happen to listen to a small little radio.
I have e-mailed or written all County prosecutors offices in Michigan to find out how they would
interpret MCL750.508. and to ask if they have ever prosecuted the statute.
62 of 83 counties replied..
20 stated we enforce all laws (no elaboration)
35 stated YOU WILL be prosecuted if arrested regardless of where the radio is found in your vehicle or
what is programmed into it.
5 stated you will be prosecuted if the radio is found in the passenger compartment, But you would be
OK if the radio were found in the trunk (provided it did not have batteries installed.)
1 stated Do Not go near a car with one.
1 stated he would confiscate.
1 stated it would depend on the situation.
All except (Mason) stated they have prosecuted the law in the recent past and vow to continue.
The following is an example of the attitude among most County prosecutors...
This letter is from LENAWEE county(The gateway to Michigan speedway).
Dear Sir;
Answering your inquiry dated May 2 ,2000, regarding MCL750.508, this office is unable to "interpret"
the law for you. The statute seems quite clear in fact, and needs only common-sense interpretation of
the wording.
Violations of MCL750.508 have been prosecuted several times in this county in recent years.
If you are found in this county to be in possession of a radio in a vehicle,able to receive police
frequencies,and if you are not authorized to have such a radio in your possession, and if you are not a
law enforcement officer, arrest and prosecution is a definite possibility.
Sincerely,
Irving C. Shaw,Jr.
Prosecuting Atty.
Lenawee County, MI
Thank you all for suffering through a very long posting.
Please take the time if possible to help in this effort. Tell your friends in the radio/rail community, ask
them to take a look at this post and the law, ask them to make up their own minds.
If you agree Spread the word, Stop this law NOW!
Nothing will change, and it will only get worse if we as a society remain apathetic,and let our
government continue to place laws on the books that restrict our freedoms....
This is AMERICA, not Russia, People have died for our right to enjoy our freedom.....Don't let this law
go unchallenged. MCL750.508 is unjust, change it, or who knows you may not be able to listen from
your house either...
Most Michigander's do not know this law exists...How can Michigan's Legislature expect a guy from
Alaska to know he is in violation..?
Thank you again, if you care to write (Pro/con) please include your street address...You have taken the
time to write, you deserve the courtesy of a reply..
Sincerely ,
Mark Bajek
Westland,MI
MBajek000@msn.com
MICHIGAN STATE GOVERNMENT
SENATE
Bill Bullard (tourism committee chair)
PO Box 30036
Lansing,MI 48909
SenBBullard@senate.state.mi.us
HOUSE
Charles Perricone (speaker)
cperric@house.state.mi.us
PO Box 30014
Lansing,MI 48909
Rep Shackleton(tourism Chair)
sshackleton@house.state.mi.us
PO Box 30014
Lansing, MI 48909
GOVERNOR
John Engler
PO Box 30013
Lansing,MI 48909
www.info.migov.state.mi.us/
(most MI state government can be reached at this site.)
TRAVEL MICHIGAN (tourism)
PO Box 30226
Lansing , MI 48909
WWW.michigan.org
1 888 784 7328
MICHIGAN STATE POLICE
Colonel Michael Robinson
714 S Harrison Rd.
East Lansing, MI 48823
(517) 322 1907
(517) 336 6240 (scanner permit)
All opinions of this posting are those of the author, Please call MSP for yourself, Please take the time to
write the above addresses.....Protect your freedom.
</p>
Dear Scanner enthusiasts:
Do you have a scanner in your car?
Do you ever travel to the State of Michigan?
Do you mind being called a CRIMINAL because of your hobby?
IF the answer is "YES" stay out of Michigan,and write Michigan's Legislature and tourism industry. Tell
them how you feel.
The State of Michigan has a law on its books (MCL750.50<img src=http://www.ezboard.com/intl/aenglish/images/emoticons/glasses.gif ALT="8)"> that prohibits "equipping a vehicle with a
scanner. (Even though the law says "equip" in practice it has been interpretted as "possess" (see letter
below from Lenawee County Prosecutor)).
I was made aware of this law when I was involved in a traffic stop on 1 31 00 and nearly JAILED for
possession of a scanner in my car. (no citation issued). ON the passenger seat next to me was a Radio
Shack hand held scanner. (I had just used it to listen to tower frequencies at Flint, MI Bishop Airport
among other area communications).
Once the officer saw this scanner. I was asked to exit the vehicle (Backup was requested), I was frisked
twice and locked in the rear seat of a police car while my vehicle and contents were searched for further
"contraband" (i.e. tools of the criminal trade). None were found.
This law paints all scannists with a wide brush. Calling us Criminals by inference just because we
practice our chosen hobby.
It does Not matter what is programmed into your radio (i.e. Air,Rail,PSB,Race etc....). If your vehicle is
"equipped" with any radio capable of receiving PSB frequencies, you are in violation and could face a
year in Jail + a $500.00 fine.
We scanner owners are not criminals and should not be treated as such!
Tourists traveling to the state of MI need to be aware of this legislation. So they can avoid being
frisked,and placed in the rear of a police car,while their vehicle(s) are searched for further criminal
parahernalia.
I have started a written protest of this law and would appreciate any help in this effort. Please send a
letter to Michigan's state officials at the bottom of the page. Please tell your freinds in the Rail/Radio
community of this effort also.) It will not succeed without your help. Even one extra letter can break the
camel's back, I would like to crush it!
I had leased a 14 x 48 foot freeway billboard during the months of May/June 2000 to warn tourists
entering MI to attend Michigan Speedway for the first NASCAR race June 11.
(RACING FANS write NASCAR/CART ask them to support this movement.)
These fellow scannists need to be aware of this law.
Our freedoms are taken away gradually,incrimentally,unnoticeably. Until one day all we will have to
listen to is static...or perhaps the sound of prison doors locking behind us.
We as a group (scannints) can reclaim our hobby if we band together.
The only force required to combat this erosion is the force of reason... We as well as you (tourists) from
outside of the State of Michigan (put pen to paper)...Make your feelings known. This has to change,
next time...it may be you standing out in the cold being frisked...(the addresses are at the bottom of this
post).
If the State of Michigan believes enough scanning tourists (and their dollars) will stay away from
Michigan due to its repressive laws; This legislation can be changed. As this law is currently "policed"
(by all police agencies I have talked to) I cannot even transport a scanner to the Ohio border where
possession of a scanner in a car is still legal (for the time being).
What reasonable traveling scanner owner would plan a visit to a state that does NOT welcome their
hobby (or dollars), and instead would rather toss them in jail for a year?
Any suggestions on the radio community's part would be welcome.
Thank You for your time.
The Following is MCL750.508 in its entirety. (MY COMMENTS Follow .....and substitute Law
suggestions,plus a response from the Michigan State Police, and Lenawee County Prosecutors office).
THE MICHIGAN PENAL CODE (ACT 328 OF 1931).
750.508 Equipping vehicle with radio able to receive signals on frequencies assigned for police
purposes;permit required;exceptions;misdemeanor;penalty;radar detectors not restricted.
Sec. 508 (1) Any person who shall equip a vehicle with a radio receiving set that will receive signals sent
on frequencies assigned by the federal communications commission of the United States of America for
police purposes, or a bonafide amateur radio operator holding a technician class,general,advanced,or
extra class amateur license issued by the federal communications commission,without first securing a
permit so to do from the director of the department of state police upon application as he or she may
prescribe,shall be guilty of a misdemeanor,punishable by imprisonment in the county jail for not more
than 1 year,or by a fine of not more than $500.00, or both fine and imprisonment in the discretion of the
court.
2) This section shall not be construed as restricting the use of radar detectors.
History: 1931,Act 328,Eff.Sept 18,1931;-Am.1939,Act 295,Eff.Sept 29,1939;--CL
1948,750.508;--Am.1957,Act 242,Eff.Sept.27,1957;--Am.1990,Act77,Imd.Eff May 24,1990.
Constitutionality; This section,which prohibits equipping or using a vehicle with a radio receiving set
capable of receiving frequencies assigned for police purposes,was enacted to facilitate law enforcement
activity. This section's classifications which are rationally related to the statute's objective,consistent
with equal protection and due process guarantees. People v. Gilbert, 414 Mich. 191,324 N.W. 2d 834
(1982).
Former law: See section 5 of Act 152 of 1929,S 578.
=========================================
*****************************************************************
End of Statement of Current Law (MY Comments continue)
===========================================
1) The Director of the State Police (Col.Robinson) has the perview to deny permit. It appears HAMS
may have "privilages" the general public does not, see following letter from MSP.
2) You Must be a Michigan resident to even apply for a permit. If you're from out of state you better be
a HAM!
Even if you are a HAM you better carry your FCC license with you.....
What's next, a permit to listen to Paul Harvey or a State license to watch QVC?
These radios do not transmit; they only receive.
What business is it of the State Police to control frequency reception the FCC deems legal to broadcast
and receive?
How could this have been allowed to happen?
This law has been on the books since 1931, it preceeds the FCC act of 1934. But has not been
challenged in the courts by itself..IF you read the opinion of People v. Gilbert (radar detector challenge).
While the court sided with Gilbert on the radar detector issue, in the desenting opinion section the court
sided with the state of Michigan in regards to police radio transmissions.
Stating that MCL750.508 serves a greater good by discriminating against the law-abiding by enacting a
law that pre-empts a criminal (burglar,robber, or (you,me,your parents) by restricting possession of a
scanner in a car. (Because you could be a criminal, So let's punish the law-abiding scanner user).
After all it's OK. Most of them are just geeks anyway, and couldn't challenge this legislation if they
wanted to..
The Gauntlet's been thrown, shall we pick up the challenge?
Basically, it's like saying: We should arrest shoppers before they enter a K Mart because they could
possibly commit a crime (shoplift) while in the store.
=============================================
The Following is a suggested corrected law.
============================================
(SHORT VERSION)
If, while in commission of a Felony and convicted of such crime,you have in your possession,and use
as a tool to aid in perpetrating any felony,a device (commonly called a "police scanner") that can receive
FCC frequencies allocated to any police agency, a mandatory additional 1 yr. shall be added to your
prison sentence and shall not run concurrent with any other sentence handed down by any Michigan
State Court.
-- Now, if this version of the law were to take effect. It would solve both concerns.
1) Impose a stiff criminal sentence (equal to that of the current statute).
2) Would allow law-abiding citizens the freedom to enjoy their chosen hobby and also generate
consumer electronic purchases (sales taxes).
THE REALLY LONG VERSION
Any person(s) If, while in commission of a felony, (as defined or perceived by the State of MI) and
convicted of such crime, shall with due process in accordance with the Constitution(s) of the State of
MI and the United States of America within the judicial system of MI,have in his/her possession (either
in vehicle,building,or on their person(s)) any device capable of receiving FCC regulated frequencies
apportioned to a spectrum of bandwidth that is allocated to any public safety agency charged by the
public with the task of law enforcement....shall be judged guilty of a misdemeanor punishable by
imprisonment within the State corrections system of MI of an additional (mandatory) 1yr.sentence.
Which shall not run concurrent with any sentence handed down by any court within the legal
jurisdiction of the State of Michigan and may be charged with a fine not to exceed $500.00 US dollars at
the discretion of the presiding judge.
This section shall not be contrued as restricting the use of radar detectors or use of a device capable of
receiving FCC allocated Public Service Band radio bandwidth or frequencies (commonly called Police
Scanners) for purposes not associated with felony criminal activity. Police scanners (receive only) shall
be deemed lawful devices, regardless of location of use. Such devices not requiring licensing or permit
by any agency or authority of the State of MI, may be used by the law-abiding citizens of MI as well as
the travelling public in general for enjoyment and informational purposes. Any information received
shall not be used to aid in the commission of a felony or to endanger any law enforcement agent or
agency(s) within the jurisdictional boundaries of the State of Michigan. Under a prescribed penalty not
to exceed a sentence of life imprisonment from the judicial system of the State of MI.
The State of MI may not under any circumstances restrict reception (either by regulation,penalty, or by
the use of technology not available to the law-abiding citizens of the State of MI) of any FCC bandwidth
including public safety frequencies (i.e. police,fire,government radio communications) as regulated by
the FCC.
These frequencies shall be deemed of informational nature to the general public at large with the only
exception; where life and safety of a public safety official is deemed to be in imminent danger with
tremendous proportion to the normal daily activities of the public safety officials daily duties.
===============
Now the letter from the MSP
===============
(I sent the director a letter (snail mail) inquiring why the state police had the burden of issuing permits
for scanners). The response was delegated to Capt. Miller of the communications division of MSP.
Dear Mr. Bajek;
On behalf of Col. Robinson, I am responding to your letter dated February 16, 2000.
Your opinions and questions are valid,however, MCL 750.508 is in place to deter citizens from
responding to, or pursuing public safety agencies in responding to emergency calls for assistance.
MCL750.508 states,"......unless such vehicle is used or owned by a peace officer or a bona fide amateur
radio operator holding a technician class,general,advanced,or extra class amateur license issued by the
Federal Communications Commission..."
Simply stated, if you hold a amateur license issued by the Federal Communications Commission,you do
not need a scanner permit issued by the Department of State Police. The current statute continues to
provide reasonable intent in regard to restricting the inappropriate use of scanner devices by criminal
elements of our society.
Your expressed interest in this particular statute and law enforcement in general is appreciated.
==========================================
END of LETTER (My comments continue)
========================================
Assuming Capt. Miller's interpretation of the law is correct, he is giving amnesty to all FCC license
holders to carry a scanner in their vehicles. They DO NOT need permit.
However, in paragraph one. The State of Michigan (MSP at least) appears to be calling scanner
operators ambulance chasers!
It also appears that the Michigan State Legislature considers listeners (Non-FCC licensed amateurs)
Second class citizens.
Why are amateur radio operators allowed to listen to police frequencies,(and all other bandwidth) while
in their cars but the general public is not?
The reason stated to me by many HAMS is that they have earned the "privilage" because they use their
equipment to serve a higher purpose....To help with communications during emergencies.
Wonderful!!!! I appreciate your service and applaud your sacrifice to humanity! I still don't understand
the reason for discriminating against a law-abiding US citizen who just wishes to listen to Federal
bandwidth, be it Rail,Air,PSB,Marine,Military whatever from the comfort of their car.
What is to prevent an amatuer radio operator from first chasing an ambulance, then robbing a bank and
eluding the police with the information gleaned from a scanner or amateur radio gear?
Do they have higer morals than the common scannist?
IT may interest you to know the following. (This speaks to the "policing" of the law as practiced by
individual line officers).
Prior to my starting this plea for help.
I was pulled over in Bridgeport, MI. I was only released from custody,after my hand held scanner was
found to not contain frequencies used by Bridgeport (the nearest were Flint,MI. 15 miles to the south)
and after a very stern talking to by both officers who frisked me. (I know ignorance of the law is NO
excuse).
When I got home I called my local police dept;(Westland and MSP Lansing) to find out if this law did
indeed exist.
Neither dept. could site code or text, but both treated me as a criminal just for asking on the phone about
the law. "Why do you want to know?", Yes, It's a crime! You Can't have it in your car.!"
My local library could not find the law either. (although they tried very hard). I called Larry Van Horn at
"Monitoring Times Magazine" in NC. He sited the law word for word. He was very helpful (thank you).
My state legislator's office sent the entire law to me three days later the challenge began.
0n 3 26 00 I went for a drive looking for billboard sites....During the ride I had the opportunity to visit a
State of MI Welcome center ( tourism bureau). I asked the person manning the counter if she knew of
any laws precluding having a scanner in a vehicle in MI. She replied," YES,I beleive you cannot have a
scanner in your car, unless it is off and out of sight. I think". I then asked, Could you find out for
certain? She said, " It was Sunday and there was no one else to ask." I suggested she call the MSP and
she politely did so. She asked the trooper on the other end of the phone the followning. I have a
gentleman here, who is asking if it is OK to have a scanner in a car? The response from the trooper
was....NO, it is illegal and you cannot have a scanner in a car at all. She then asked, Even if it is off and
in the trunk? The trooper responded. NO, NOT even in your trunk, it is unlawful period. Even the
tourist person could not beleive the answer. I thanked her for her courtesy and left.
Remember, MCL750.508 is "policed" by the officer who pulls you over....Without permit you are in
violation. ATTN: All HAMS out there....you better have your documents in order or you're in the same
boat as the tourist from Ohio who just happens to cross the border with a scanner in his/her car to go
to a NASCAR race in Brooklyn, MI. or the railfan who happens to be sitting at a rail siding
photographing a locomotive.
One week later (on another ride) I stopped into the travel bureau on NB I 75 and asked the same
question to the person manning this counter.
She had no idea what I was talking about. (Scanner?) and I explained that some states do have laws
against Police scanners and could you find out.....She called the Monroe , MI post of the MSP....and
handed me the phone...
Again, I asked the question....Hi, I'm at the travel center in Erie, MI and I was wondering if you have any
laws pertaining to having a scanner in a personal vehicle.? The trooper said YES,You cannot have one
in your car. I asked , what if I have it in my luggage in my trunk? No, You cannot enter the state of MI
with a scanner in your car. I thanked the trooper and hung up the phone. I then thanked the travel
bureau person for her courtesy and left.(4 for 4) 5 for 5 if you count Bridgeport).
You may interpret the law as you wish.....Please call MSP,any post and ask them for yourself. Who
knows you may get a different answer, than I have....When my legislative rep sent the copy of the law to
me. It came from the office of legislative research. The cover letter interpretted the law as could not use
in a vehicle, Not just use the vehicle if equipped.
It appears the law as "enforced" on the street is up to "interpretation" or up to the discretion of the
"charging officer", AS in CHARGING you with a "CRIME" for having a scanner in the car. (I have now
been informed; prosecutors actually enforce the law....Police are supposed to only "arrest" you, then,
"Charge you with a Crime", and they are not supposed to give legal advice either..)
I have never been pulled over by a prosecutor, Just Police, and I have yet to be frisked by a prosecutor,
only by the police.
In practice this law is "enforced" by the police.
Michigan Residents may apply for a Scanner permit from MSP....call (517) 336 6240.
Tourists CANNOT apply and Will Be Considered Criminals as soon as they cross the border....Why?
They have no recourse other than to become HAMS.
Now that I am informed of the law, I Have asked for a permit from MSP and have been granted one.
However, I DO NOT beleive the State of Michigan has any right to ask me or you or anyone at all to
apply for permission to just "listen".
I Do NOT wish to be on a registry of scanner owners.. I Wish to be compliant with the current law, until
it can be changed.
This permit may protect me from arrest. It will NOT protect me from harassment....I will still need to prove
to the officer I am NOT a criminal. See, I have this little peice of paper that says I am better than the guy
without the permit). This is JUST PURE......NO WAY, NO How!! am I going to let this go unchallenged.
I am NOT better than the guy from Rocky River, OH or the scannist from Iowa who is not informed of
Michigan's Stupid law.
Modify the law, or dump it all together.
We ARE NOT CRIMINALS AND SHOULD NOT BE TREATED AS SUCH!! NOT by association of
equipment, Not by mindset of the police agencies of Michigan....NOT AT ALL, (unless we commit a
crime).
WE ARE Scanner owners, that is all, Hobbyists,who just happen to listen to a small little radio.
I have e-mailed or written all County prosecutors offices in Michigan to find out how they would
interpret MCL750.508. and to ask if they have ever prosecuted the statute.
62 of 83 counties replied..
20 stated we enforce all laws (no elaboration)
35 stated YOU WILL be prosecuted if arrested regardless of where the radio is found in your vehicle or
what is programmed into it.
5 stated you will be prosecuted if the radio is found in the passenger compartment, But you would be
OK if the radio were found in the trunk (provided it did not have batteries installed.)
1 stated Do Not go near a car with one.
1 stated he would confiscate.
1 stated it would depend on the situation.
All except (Mason) stated they have prosecuted the law in the recent past and vow to continue.
The following is an example of the attitude among most County prosecutors...
This letter is from LENAWEE county(The gateway to Michigan speedway).
Dear Sir;
Answering your inquiry dated May 2 ,2000, regarding MCL750.508, this office is unable to "interpret"
the law for you. The statute seems quite clear in fact, and needs only common-sense interpretation of
the wording.
Violations of MCL750.508 have been prosecuted several times in this county in recent years.
If you are found in this county to be in possession of a radio in a vehicle,able to receive police
frequencies,and if you are not authorized to have such a radio in your possession, and if you are not a
law enforcement officer, arrest and prosecution is a definite possibility.
Sincerely,
Irving C. Shaw,Jr.
Prosecuting Atty.
Lenawee County, MI
Thank you all for suffering through a very long posting.
Please take the time if possible to help in this effort. Tell your friends in the radio/rail community, ask
them to take a look at this post and the law, ask them to make up their own minds.
If you agree Spread the word, Stop this law NOW!
Nothing will change, and it will only get worse if we as a society remain apathetic,and let our
government continue to place laws on the books that restrict our freedoms....
This is AMERICA, not Russia, People have died for our right to enjoy our freedom.....Don't let this law
go unchallenged. MCL750.508 is unjust, change it, or who knows you may not be able to listen from
your house either...
Most Michigander's do not know this law exists...How can Michigan's Legislature expect a guy from
Alaska to know he is in violation..?
Thank you again, if you care to write (Pro/con) please include your street address...You have taken the
time to write, you deserve the courtesy of a reply..
Sincerely ,
Mark Bajek
Westland,MI
MBajek000@msn.com
MICHIGAN STATE GOVERNMENT
SENATE
Bill Bullard (tourism committee chair)
PO Box 30036
Lansing,MI 48909
SenBBullard@senate.state.mi.us
HOUSE
Charles Perricone (speaker)
cperric@house.state.mi.us
PO Box 30014
Lansing,MI 48909
Rep Shackleton(tourism Chair)
sshackleton@house.state.mi.us
PO Box 30014
Lansing, MI 48909
GOVERNOR
John Engler
PO Box 30013
Lansing,MI 48909
www.info.migov.state.mi.us/
(most MI state government can be reached at this site.)
TRAVEL MICHIGAN (tourism)
PO Box 30226
Lansing , MI 48909
WWW.michigan.org
1 888 784 7328
MICHIGAN STATE POLICE
Colonel Michael Robinson
714 S Harrison Rd.
East Lansing, MI 48823
(517) 322 1907
(517) 336 6240 (scanner permit)
All opinions of this posting are those of the author, Please call MSP for yourself, Please take the time to
write the above addresses.....Protect your freedom.
They have NO such laws! So long as you do not use the scanner in the commission of a crime, you can listen to a scanner in your car to your hearts content!!!!! 