Mobile Scanning in Michigan

I haven't had the time to update this page in quite some time. The majority of the information below is now obsolete. The final revision of House Bill No. 4544 was signed by the Governor, and has since passed into LAW. It is now legal to "equip" you vehicle with a scanner, provided you don't use it to commit, or aid in committing, a crime, and that you have not been convicted of a felony in the last 5 years.

On February 21, 2006, the final revisions were made and passed by both houses of the Michigan Legislature, with regard to House Bill No. 4544. The Bill is currently awaiting the signature of the Governor for final approval.

This new bill will almost completely revamp the current "Scanner Law" in Michigan. Numerous changes have been made between this final release, and the original proposal back in March of 2005.
See Below

Mobile scanning (in/on any motorized vehicle) is strictly prohibited by Michigan law. Don't EVER think of taking your scanner with you in any vehicle that has a "motor", no matter what it may be. It doesn't matter what measures you take to "secure" the unit to prove that you weren't using it while in the vehicle. It could be in your trunk, locked in a briefcase, with no batteries and it would not matter; you are guilty of breaking the law. If they find it in your vehicle, you are automatically tagged as a criminal, and will be treated as such. You will be asked to step away from your vehicle and you will be questioned, searched, cuffed, and arrested on the spot. Your scanner will be confiscated, never to be returned to you. Are you from out of state and unfamiliar with the law? Doesn't matter.

Sound ridiculous? Well, your not the only one with that opinion. Many, many people have found out the hard way about this law. About a year back, an individual from Ohio rented a roadside billboard (image at left) in Michigan, just across the border, and put up a sign warning his fellow scanning enthusiasts about Michigan's law that basically regards all scanner hobbyists as criminals. He was one of the unfortunate casualties of this incredibly unreasonable law.

There is a bright side (or maybe dimly lit is a better way of putting it) to this, however. If you happen to be a Peace Officer or a ham radio operator with a technicians class or above license, you can posses a scanner in your vehicle as long as you carry proof of being either or. It is also possible to apply for a permit to carry a scanner in your vehicle. Personally, I don't see a need for the law, let alone a permit, but at least there is a way around the ridiculousness of the whole thing that allows us to get back to our hobby. The permit is slightly larger than a business card, has your name and address on it, and your permit number in the upper right corner. I am under the assumption that the permits do not expire, as there is no listed expiration date. Below is a copy of the permit I received after I had applied.

PLEASE NOTE: Even with this "permit", it does not mean that you will not be threatened or harassed for carrying your scanner. I have run into a few agencies that try to claim that the "permit" is in fact a fake, or that there is no such permit. I personally know someone that was arrested, and sat in jail for a day, for the possessing a scanner in a vehicle, despite that fact that they were carrying a permit!

Be forewarned! Permit or not, we are still labeled and treated as criminals!!

For further information on this whole mess, you can check out some the links below; more will be added as I get time, and happen across them:

On February 21, 2006, the final language for the new "Scanner Law" (House Bill #4544) was approved by both houses of the Michigan Legislature. In my opinion, it looks like both a blessing and a disaster. Below is a TEXT COPY of the proposed and finalized "Scanner Law":
(Or click on the Bill number above to be taken to the actual PDF Document, or HERE for the text version)

BOLD TEXT - New additions over first revision
~~STRIKETHROUGH TEXT~~ - Omissions from first revision
STANDARD TEXT - Original text kept from first revision
ITALICIZED TEXT - Original text kept from the original law

ENROLLED HOUSE BILL No. 4544

February 21, 2006, Introduced by Reps. Elsenheimer, Jones, Newell, Nofs, David Law and Sheltrown.

~~A bill~~ AN ACT to amend 1931 PA 328, entitled
~~"The Michigan penal code,"~~ "An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 508 (MCL 750.508), as amended by 2002 PA672.

             THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 ~~commit or attempt to commit a crime while in possession of~~ a radio receiving set that will receive ~~receives~~ signals sent on frequencies assigned by the federal communications commission of
the United States of America for police ~~public safety~~ 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 ~~(1)~~ 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) ~~(3)~~ This section does not apply to the use of radar detectors.

~~(4) A term of imprisonment imposed for violating subsection (1) may be imposed to run consecutively to any other sentence imposed for another violation arising from the same transaction.~~

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.

This act is ordered to take immediate effect.

Do you feel that you have been treated unfairly or just down-right wrong by the Michigan State Police or possibly by your local police department? YOU'RE NOT ALONE! Many people in Michigan, as well as MANY other states, are feeling your same anger and frustration! Check out the site below for stories, techniques, and other excellent information on the subject of Police Misconduct...