Police radios, often referred to as police scanners, are used by civilians to listen to emergency service and government agency communications. They do this by tuning the radio to frequencies used by fire departments, police officers, or other emergency services, allowing listeners to hear messages and conversations. Listening to police scanners provides insight into police activity and emergency situations.

Having access to the information exchanged on a police radio may be helpful, but the use of a police scanner is not always allowed in California. If you’re facing charges or legal issues related to your use of a police radio, contact the Law Office of Sheny Gutierrez to schedule a free consultation to discuss your case. Californians have trusted our legal team to protect their rights and advocate for the best possible outcome for over 15 years.

California Laws on Police Scanners

In general, it is legal in California to own and use a police scanner for personal use, as long it is not used to commit a crime or help someone else commit a crime.

California Penal Code § 632 is considered the eavesdropping law, which makes it illegal to use an electronic device or recording device to listen to someone else’s confidential communication.

California Penal Code § 636.5 specifically discusses the use of a scanner to intercept public safety radio service communications. Intercepting messages via police radio for the purpose of aiding in the commission of a crime or to avoid arrest for a crime is illegal in California.

Individuals can legally use a police radio or scanner to listen to transmissions in order to monitor emergency services and public safety messages. If you’ve been charged with using a police scanner to commit a crime or assist someone committing a crime, contact Sheny Gutierrez today. We can build a defensive strategy to help you fight these charges and protect your rights.

Is It Legal to Install Police Scanners in Vehicles?

You can have a police scanner in your vehicle in California, but the same rules apply in this scenario – you cannot use it to commit a crime, aid in the commission of a crime, or avoid arrest. Using the scanner behind the wheel, however, could lead to a charge of operating a handheld device while driving, which is not allowed in California.

Consequences of Using a Police Scanner During a Crime

Using a police radio or scanner to commit a crime or assist in the commission of a crime can lead to serious legal consequences, depending on the circumstances of the specific alleged crime. It is usually a misdemeanor to use a police scanner during a crime or to avoid law enforcement. Penalties will vary based on various factors, but a guilty verdict may lead to up to one year in jail and extensive fines.

California courts consider a variety of factors when determining the appropriate penalties, including the severity of the crime, the nature of the crime, the individual’s role in the crime, and criminal history. Even though misdemeanors typically carry less severe penalties than felonies, the impact of any criminal conviction can weigh heavily on every aspect of your life.

Felony charges are not impossible in cases involving a police scanner. Wiretapping charges may be filed, particularly if you use or attempt to use the information gathered from the scanner. Wiretapping is a wobbler, which means it can be charged as either a misdemeanor or a felony.

You may be charged with a crime even if you did not directly commit a crime if your use of a police scanner assisted in someone else’s criminal activity. Helping someone commit a crime is known as aiding and abetting, and the following elements must be proven in these cases:

  • You must have known that the other person was intending to commit a crime.
  • You must have intentionally assisted or encouraged this crime.
  • You must have been actively involved in the commission of the crime.

Your defense attorney can fight these charges by arguing that you did not know about the criminal activity or did not intend to assist with the crime. Contact the Law Office of Sheny Gutierrez to discuss your case with our defense attorney and get the fierce legal representation you deserve.

Contact an Experienced California Defense Attorney to Protect Your Rights

If you have been charged with a crime involving a police scanner in California, we will be there to help you navigate the legal system and fight the charges against you. We have an unwavering dedication to protecting our clients’ rights and securing the best possible outcome. When you need a defense attorney you can trust to prioritize your best interests, contact the Law Office of Sheny Gutierrez to schedule your free consultation.