Police Scanner Laws in Michigan
In the state of Michigan, much like the majority of other states across the country, it is generally permissible to purchase, own, and operate a police scanner radio. As a citizen, it is your legal right to listen to radio broadcast communications, just as a member of the press has the right to broadcast any information gathered directly off a transmitter. While it is perfectly acceptable to operate a police scanner for your own purposes, there is a line drawn when it comes to misuse and abuse of the system. For this reason, law enforcement may monitor your usage of a scanner or other monitoring equipment. If you are caught attempting to use the scanner frequency for criminal or malicious intent, you could find yourself in hot water with law enforcement. As an example, if you decide to use the police scanner in your vehicle to alert fellow drivers of a potential police speed trap, that is arguably acceptable use. However, if you use the scanner to alert fellow criminals of police activity in an area, you could be accused of criminal intent and charged with a crime. It is a fine line, and it is always best to err on the side of caution. The best way to avoid trouble is to use your police scanner to listen to the police in your local area and onwards from there. With that in mind , the only types of communications you should be operating through your police scanner are those legally operating on a broadcast public frequency. If the communication is legally broadcast over the necessary frequency, it is legal for you to listen in. However, if you attempt to use the scanner to eavesdrop on private communications (such as those broadcast on cellular networks), you could be charged with a crime. Once again, each state varies in the specifics of its laws, however in the state of Michigan, the following Michigan Code of Criminal Procedure adopted Public Act 175 of 1927, Section 750.539a, provides that: "The following acts are prohibitions; and any person who does any of the acts is guilty of a felony…(a) To intercept any wire, electronic, or oral communication through the use of any device; (b) To use any wire, electronic, or mechanical device to amplify or hear a wire, electronic, or oral communication, except as authorized by law…" Once again, most areas of the state do not punish the use of police scanners unless the user is caught committing another crime while using them. In reality, very few people are charged with crimes for listening to police scanner frequencies; however, each case is different.
Federal and State Regulations on Police Scanner Use
Federal regulations on the use of radio receivers are set by the Communications Act of 1934, which states that it is illegal to "intercept and divulge" a wire or radio communication. It has been interpreted by courts to apply to police scanners as well, unless you have a Federal Communications Commission (FCC) license for a police band radio, which you can find more about at the FCC website.
Generally, federal law influences state law with Illinois and Michigan police scanner laws being no exception. Michigan’s penal code prohibits the use of a scanner to monitor police communications. However, their rules seem to run against federal regulations, which prohibit "intercept[ing] and divulge[ing]." Michigan allows the use of police scanners but makes it illegal to interfere with a conversation you may overhear.
Legal Uses of Police Scanners in Michigan
Despite the controversy surrounding police scanners, it’s important to note that civilian use of these devices is legal in many cases. The following scenarios are just a few where these devices might be used legally, and where they have been used by thousands of civilians and journalists across Michigan:
- Civilian journalists employ police scanners to get the scoop on what’s happening, when the scene is developing. Having this information first hand gives them a leg up in ensuring their articles stand out from other journalists and news outlets. It’s a huge competitive advantage.
- Police scanners are often employed by hobbyists who take a great interest in the fire and police services of their community. They simply enjoy monitoring public safety communications for fun. In such cases, the monitoring of these frequencies does not violate any laws or statutes.
- Some citizens listen to police radio frequencies as a means of protecting themselves and others from crime. A large number of robberies take place within a short distance of police and fire units. For victims and witnesses to call emergency services, it is imperative that the right units be dispatched to the area quickly.
For instance,
– If a person calls 911 about a car jacking, it will take the cops several minutes to realize that there is a relationship between the car jacking and another bizarre event in that vicinity. But if the right units are with the right person at the right time, a bad criminal could be stopped before they commit even worse crimes.
– In the example of the car jacker, it’s time for the police to realize that there is a growing need to pool resources, and webs are already being established where criminals can get around the police stations, and in and out of emergency rooms and doorways.
In 2011, a large hit and run gang fight took place in Grand Traverse County. This incident was among the largest in Michigan history. It resulted in injuries, property damage, and arrests. However, no one knew about the fight until after the cops arrived.
This particular crime would certainly have been prevented if only the police officers had known what was going on before they arrived. So it can easily be argued that the vigilant use of police scanners prevented a criminals dream day in Grand Travers County in 2011.
Illegal Use and Penalties for Misuse of Police Scanners
While the law permits Michigan residents to listen to police communications, it does not allow the police scanner to be used unlawfully. It is unlawful in Michigan to use police radio information to assist in the commission of a crime. This includes using police reports to elude arrest or commit another crime or to carry out harassment of an individual. Essentially, the information obtained through the police scanner cannot be used to do anything illegal. It is also illegal to use radio scanners in the commission of a federal crime. Federal law prohibits the use of radio scanners to monitor police communications while committing acts of terrorism, drug trafficking, and smuggling. These crimes are subject to the laws of the state where the offense was committed and federal laws. Federal police scanner crimes include the following: The penalties for these federal crimes include lengthy prison sentences from five years to twenty years as well as hefty fines from $250,000 to $1,000,000. If a radio scanner is used while committing another illegal act, the penalties depend on the type of illegal action that was committed and what the law states about such actions. Here are the potential penalties for some common crimes that involve police scanners: Therefore, using your police scanner to commit an illegal act can lead to some significant trouble. Be responsible with your police scanner and make sure to avoid using it in any kind of unlawful way.
Recent Cases Related to Use of Police Scanners
Legal Cases In The Last Few Years Regarding Police Scanners
Since the invention of police scanners many years ago a number of legal cases have arisen regarding the use of police scanners in Michigan. In 2017, there was a legal case where Michigan State Police and two outstate police departments issued tickets to a man for transporting a police scanner in his vehicle without a license. Michigan law requires people who operate a police scanner to obtain a permit. The implication is that the permit is only available if the police officer believes that the person with the permit needs the scanner for work purposes. In this particular case, the man refused to pay the citation when he appeared in court for an arraignment, and instead believed that he would be successful by filing a suit in Circuit Court. He would not be charged with contempt or any other form of obstruction of justice, nor would he be asked to pay the fine if he did not attend court as ordered. He lost the suit, which was filed and scheduled for trial in 10 days.
The judge stated in the decision that the defendant’s behavior "must have been gratifying to him," making the "right down the middle of Michigan no right turn" sign. The judge added that the defendant is "now required to pay the fine." The judge did note that the police officer was the reason that the man was stopped in the first place. Regarding the police stopping him for an alleged malfunction, the judge also noted that there is no indication in the record what that malfunction might be . The judge highlighted that two officers were present "to check out the new toy the defendant had." This went on "for about one hour" while they tried to persuade him into signing the ticket. They told him several times that they were going to arrest him if he did not sign the ticket.
In 2015, it was reported in the news that an investigation into the deaths of three men found decaying bodies in the basement and that the men had died from a meth lab. Police arrested a man and allegedly found receipts for chemicals used to manufacture meth and receipts of a Miller Lite case with a bag of a police scanner. In 2016, a 38 year-old Macomb County man was arrested for allegedly having a permit for a police scanner. Under state law, a police scanner may be used legally; however, the person using it is required to first obtain a permit from law enforcement for personal use. Prosecutors have allegedly discovered that the man in this case obtained a permit years ago for a scanner, but that the permit did not authorize him to scan police communications and dispatches.
In 2014, a 22 year-old man was arrested in Michigan after stealing a police radio attached to the dashboard of a police interceptor. The police officer parked his vehicle to respond to a disabled motorist and forgot to remove the ingoing scanner and other loose items that were visible through the patrol car window. The man is reported to have then stolen the patrol vehicle and driven it for a few blocks. When he managed to escape the vehicle, he entered the local police headquarters while the police were conducting a manhunt for him.
Looking Ahead: Technological Changes and the Law
As technology continues to advance, the options available to those who monitor police scanner communications will also increase. Even though some of these accessories and services may be illegal in Michigan, they are still readily available. While some of the options for those wishing to monitor police communications may be diverting attention to the laws, we also need to pay close attention to what new laws may come about from these technological advances. We are aware from House Bill 5172 and now Senate Bill 890 that there are those in Michigan legislature that continue to ignore the technologies that already exist and simply want to ban anything that resembles a police scanner (in the hopes that there is some way to actually keep Amber Alerts and officer safety in tact – hopefully at least this much will still be a priority).
However, the truth is that – in our law firm’s opinion – the laws are not what people will run afoul of when it comes to these police scanner communications. It is not the laws and regulations for owning, purchasing, or installing a police scanner that we believe will ever become a "hot" legal topic – even keeping public safety issues in mind. The problems we see in police scanner communications and monitoring – and we say this with the utmost respect for our courageous and dedicated public employees – is that it is the lack of public announcement and transparency through the police to the people being monitored that will cause the issues over the next several years. For example, when something happens at the traffic stop and officers become hostile, we have seen that it happens outside of police radio communication because no one wants to admit any accountability for the error or abuse of power. When an officer turns on his/her radio and does not provide all information, the same legal issues arise. As the technology continues to advance, we will start to see more and more people – especially the ones in the general public – become aware of the officer abuses and the abuses of government power to restrict freedom of speech and expression in a huge way.
Municipalities may outlaw certain types of production and sales of police scanners. And people may fear that they will get busted for potential possession of an "illegal" type of police scanner should it be discovered. This is the wrong focus.
The real focus that should be understood is that the real concern should be on the recording of all conversations and communications so that the general public can identify when liberties were taken from them through the abuse of power, secrecy, and government corruption.
Conclusion: Keeping Up with Scanner Laws
Police scanners have a murky legal history in Michigan, much like the public records available through FOIA. The good news is that the Michigan Supreme Court has clearly provided guidance in determining what is and what is not legal in regard to police scanners. Further, most local law enforcement agencies in Michigan have a clearly defined stance on communicative devices, which makes knowing what you can and can’t use fairly simple.
Responsibilities as a citizen remain the same as always: follow the law , stay informed, and act as a well-informed member of the public. The Internet is full of resources about police scanners, many of which are both legal-minded and common-sense. Use the Internet to continue your education on these complicated and changing laws. Investing time into understanding your responsibilities and rights as a civilian may save you and your family from a future mistake.