Are Police Scanners Legal in California?
October 4, 2024 | Ahmed & Sukaram, Criminal Defense Attorneys
Police scanners are legal in California, but you can be charged with a crime if you use the scanner for specific reasons. Before you purchase or use a police scanner, it is important to understand California police scanner laws. Violating these laws could result in criminal penalties.
What Is a Police Scanner?
A scanner is a device that “scans” for two-way radio calls. These calls occur on numerous radio channels. The scanner finds the calls and allows you to listen to the conversation.
Police scanners are one-way radio receivers. They allow you to listen to but not respond to conversations by EMS, fire, police, and other emergency services. People can purchase police scanners online from numerous retailers. Many scanners have advanced features and may be placed in vehicles.
Journalists and newsrooms often use police scanners to get the scoop on stories in real-time. They can rush to a crime scene to cover the story as it unfolds.
Private individuals may also use police scanners. They may want to monitor police activity in their area or enjoy listening to law enforcement activities as they unfold. Bloggers may use police scanners to report news about crimes and other incidents that require emergency responders.
Is the Use of a Police Scanner Illegal in California?
Listening to a police scanner is legal in California. You will not be arrested for owning and using a police scanner unless you violate the law regarding the use of information you hear over the police scanner.
California Penal Code §636.5 makes it illegal to use the information received over a police scanner to:
- Assist someone in the commission of a crime
- Assist someone in escaping or avoiding arrest, trial, conviction, or punishment
- Give information to someone they know to be a suspect in the commission of crime information about the criminal offense they hear on the police scanner with the intent to help the person avoid arrest, trial, conviction, or punishment.
A person guilty of violating the law regarding police scanners can be charged with a misdemeanor. The penalty depends on the facts of the case. Judges consider the severity of the crime in question, your involvement, the impact on public safety, and your criminal history.
Potential penalties include up to one year in county jail. You may also be ordered to pay fines, perform community service, attend educational programs, and serve probation.
Aiding and Abetting Charges Related to Using a Police Scanner in California
Depending on the circumstances surrounding your use of the police scanner, you may face additional criminal charges. For example, you could be arrested if you use the scanner to aid and abet.
Aiding and abetting is charged under California Penal Code §31. Aiding and abetting is defined as facilitating, encouraging, or promoting a criminal offense. You face the same penalties for conviction for aiding and abetting as if you committed the crime.
It is important to remember that the information you hear on a police scanner is occurring in real-time. You never want to do anything to interfere with a police investigation or matter.
What Should I Do if I Am Arrested for Using a Police Scanner in California?
Depending on the charges, you could face substantial jail time and other consequences for a conviction. Even if you believe you are innocent, you need legal counsel as soon as possible.
If the police arrest you for using a police scanner, keep these things in mind:
- Do not argue with the police or resist arrest. If applicable, your attorney will handle all communications and file a motion for false arrest.
- Exercise your right to remain silent. Talking to the police, a prosecutor, or other law enforcement officials without an attorney is not in your best interest.
- Ask to speak with a Redwood City criminal defense attorney. If you cannot afford an attorney, the court will appoint a public defender for you.
- The police lie to suspects. Continue to remain silent even if they tell you they can help you if you answer their questions, or remaining silent makes you appear guilty.
If you have questions about criminal charges or need a Redwood City criminal defense lawyer, call Ahmed & Sukaram, Criminal Defense Attorneys, as soon as possible. Our experienced team can help you understand the laws surrounding police scanners and how they apply to you.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500