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Michigan Scanner Law
Original source: Michigan Compiled Laws Online 750.508 Equipping vehicle with radio able to receive signals on frequencies assigned for police or certain other purposes; violation; penalties; radar detectors not applicable. Sec. 508. (1) A person who has been convicted of 1 or more felonies during the preceding 5 years shall not carry or have in his or her possession a radio receiving set that will receive signals sent on a frequency assigned by the federal communications commission of the United States for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. This subsection does not apply to a person who is licensed as an amateur radio operator by the Federal Communications Commission. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (2) A person shall not carry or have in his or her possession in the commission or attempted commission of a crime a radio receiving set that will receive signals sent on a frequency assigned by the federal communications commission of the United States for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. A person who violates this subsection is guilty of a crime as follows: (a) If this subsection is violated in the commission or attempted commission of a misdemeanor punishable by a maximum term of imprisonment of at least 93 days but less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (b) If this subsection is violated in the commission or attempted commission of a misdemeanor or felony punishable by a maximum term of imprisonment of 1 year or more, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (3) Subsection (2) does not apply to a person who carries or has in his or her possession a radio receiving set described in subsection (2) in the commission or attempted commission of a misdemeanor punishable by a maximum term of imprisonment of less than 93 days. (4) This section does not apply to 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, Act 77, Imd. Eff. May 24, 1990 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2006, Act 39, Eff. May 31, 2006
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 restriction of persons permitted to monitor those frequencies
involves 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 NW2d 834 (1982).
Former Law: See section 5 of Act 52 of 1929, being CL 1929, § 578.
Todd's Recommended Fixes 12/2002: In case some Michigan legislator (note I don't capitalize that word) is reading this, I recommend the following chances to keep your job into the next term:
-Todd UPDATE, 05/2009: It appears the Michigan Legislation must have read what I said. They indeed went back to the drawing board in mid-2006; and now scanners seem to be pretty much fine to possess - UNLESS IT'S IN THE COMMISSION OF A CRIME, OR YOU'RE A FELON. HOWEVER, there appears to be one more SLIGHT oops in the wording. It pertains to amateur radio licenses. FIRST, if it's okay to possess a scanner, then the exemption for a ham license would seem to now be dunsel, nonsequitor (that's "useless, unimportant, and not necessary anymore" for those of you whose education didn't graduate much past the Bugs Bunny cartoons as a kid). Second, and MOST importantly, though, would seem to be the implication that - with the ham radio exemption - hams are COMPLETELY EXEMPT from the scanner possession if yer a felon/in the commission of a crime stuff. So hams (waving his hand with a straight face, Coln. Jack O'Neil style)...COMMIT AWAY! (stares up at the ceiling, pretending to see something) ;o) Seriously though, kidding aside, I DO have to give the Michigan Legislature kudos for CARING and LISTENING and for making effort to try TO DO THE RIGHT THING. They listened, and they corrected. Barring the slight foobar in the of wording in the ham radio exemption part, this law is now pretty much friendly to everyone. The Michigan legislature would appear to have some good people in their midst who ARE logical, and reasonable, and listening to their public.
Retranscribed by: Todd L. Sherman/KB4MHH
Mobile Scanner & RADAR-Detector Laws In The U.S. |