Michigan Law Regarding Radio Scanner Use

Michigan Law Regarding Radio Scanner Use

In Michigan, the use of a scanner in a motor vehicle is prohibited by state law. There are exceptions -- if you are a police officer, amateur radio operator (technician class or higher), or have a permit from the police. If you have a scanner in your car it is best to leave it in the trunk and to only use it outside the vehicle. Remember that many law enforcement officers are nervous about folks hanging around train tracks. Violation of the law gives them cause to arrest you.

The following information was captured directly from the Michigan Compiled Laws web site and has only been altered in appearance.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.508.amended
Equipping vehicle with radio able to receive signals on frequencies assigned for police purposes; permit required; exceptions; misdemeanor; penalty; radar detectors not applicable.
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 use the same in this state unless the 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, 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, 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) 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, 750.5081931, 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.

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 N.W.2d 834 (1982).

Former Law: See section 5 of Act 152 of 1929, being CL 1929, ¤ 578.

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