Police Scanner Laws by State: Complete Legal Guide
Police scanners are legal in all 50 states. Only a handful of states have minor restrictions on vehicle use, and even these are rarely enforced. Here's the complete state-by-state breakdown.
Quick Summary
Bottom line: You can own and use a police scanner anywhere in the United States without a license or permit. The only thing you can't do is use a scanner to help commit a crime—but that applies to any tool.
Federal Law: What Applies Everywhere
Listening is Legal, Decrypting is Not
Under federal law (the Electronic Communications Privacy Act), you have the right to receive any radio transmission that is not encrypted. However, it is a federal crime to:
- Attempt to decrypt encrypted police communications
- Sell or distribute decryption keys or methods
- Intercept cellular phone calls (different from radio)
- Use scanner information to commit or aid in crimes
The Key Distinction
Receiving unencrypted radio transmissions = Always legal
Decrypting encrypted transmissions = Federal crime
This is why encryption is so effective at blocking public access—it makes listening technically impossible while keeping it "legal" to try. You simply can't succeed.
States With Vehicle Restrictions
Only 5 states have laws specifically addressing police scanner use in vehicles. Even in these states, the laws are rarely enforced and primarily serve as add-on charges when someone is already committing a crime.
Florida
Mobile use requires permit; prohibited during commission of crime
Law Details:
Florida Statute 843.167 restricts using a scanner in a vehicle without a permit. The permit is available through local law enforcement. Using a scanner to aid in committing a felony adds additional charges.
Enforcement Reality:
Rarely enforced against law-abiding citizens. Primarily used as additional charge during arrests.
Indiana
Prohibited during commission of crime
Law Details:
Indiana Code 35-44.1-2-6 makes it illegal to use a scanner to aid in committing a crime. General ownership and use is unrestricted.
Enforcement Reality:
Only applies if you're already committing a crime.
Kentucky
Prohibited to evade police
Law Details:
Kentucky law prohibits using a police scanner specifically to evade or flee from law enforcement. General use is legal.
Enforcement Reality:
Only applies during active evasion scenarios.
Minnesota
Prohibited to aid in crime
Law Details:
Minnesota Statute 609.856 prohibits using a scanner to aid in committing or escaping from a crime. Normal use is completely legal.
Enforcement Reality:
Add-on charge only.
New York
Vehicle use technically requires permit
Law Details:
New York Vehicle and Traffic Law Section 397 technically requires a permit to use a scanner in a vehicle. However, this law is widely unenforced and considered antiquated.
Enforcement Reality:
Extremely rare enforcement. Most officers unaware of the law.
Practical Reality
In practice, these laws are almost never enforced against regular citizens. They exist primarily to add charges against people already being arrested for other crimes. If you're a law-abiding scanner enthusiast, you have nothing to worry about.
States With No Restrictions
The vast majority of states—45 out of 50—have no restrictions whatsoever on police scanner ownership or use. You can own, carry, and use a scanner anywhere without any permit or registration.
In these states, you can:
- Own any number of scanners
- Use scanners at home, work, or in public
- Use scanners in your vehicle while driving
- Listen to any unencrypted public safety channel
- Record scanner audio for personal use
- Share general information heard on scanners
D.C. and U.S. Territories
Washington D.C.
LegalPuerto Rico
LegalGuam
LegalU.S. Virgin Islands
LegalSpecial Situations
Journalists & Media
Journalists have the same rights as any citizen to use police scanners. Scanner use for newsgathering is protected activity under the First Amendment. Many newsrooms maintain dedicated scanner monitoring.
Note: Encryption increasingly blocks journalistic access regardless of legality.
Convicted Felons
Some states prohibit convicted felons from possessing police scanners, particularly those convicted of crimes involving police evasion. Check your state's specific laws if this applies to you.
During Traffic Stops
Having a scanner in your car during a traffic stop is legal in most states. Officers may ask about it, but you're under no obligation to turn it off. In restricted states, you may be asked for your permit.
Professional Use
Security professionals, private investigators, and other professionals commonly use scanners. This is legal and unrestricted in all states. Some may require professional licensing for other reasons.
During Emergencies
There are no restrictions on using scanners during emergencies. In fact, scanner monitoring during disasters and emergencies is one of the most valuable uses and is protected activity.
On Private Property
Private property owners (businesses, event venues) can prohibit scanner use on their premises, but this is a private rule, not a law. Violating it may result in being asked to leave but not arrest.
What You CAN'T Do (Anywhere)
- Attempt to decrypt encrypted communications
Federal crime under ECPA. Up to 5 years in prison and $250,000 fine.
- Intercept cellular phone calls
Cellular is not the same as radio and has specific federal protections.
- Use scanner info to commit crimes
Using any tool to aid in crime adds charges—this isn't unique to scanners.
- Obstruct police operations
Using scanner info to interfere with active police operations is illegal.
- Transmit on police frequencies
Scanners are receive-only. Transmitting without authorization is illegal.
The Real Barrier: Encryption, Not Law
Legal But Impossible
Here's the irony: while police scanners are legal everywhere, encryption is making them useless in more and more places. You have every legal right to listen—but if your department encrypts, there's nothing to hear.
Police departments have found a way to eliminate public monitoring without changing scanner laws. Instead of making scanners illegal (which would face legal challenges), they've made scanners irrelevant through encryption.
This is a policy choice, not a technological necessity. Encryption can be fought and reversed. Learn more:
Why is encryption dangerous? → How to fight encryption →Check Your Local Encryption Status
Before buying a scanner, check if your local police are encrypted. If they are, the legal status is irrelevant—you won't hear anything regardless.
How to Check:
- Search Broadcastify — If no feeds exist for your area or they're marked "encrypted," that's your answer.
- Check RadioReference — Look up your jurisdiction's frequency database for encryption notes.
- Try a free app — Download Scanner Radio or 5-0 Radio and search for your city.
- Ask your department — Call or email and ask directly about encryption status.
Frequently Asked Questions
Is it legal to own a police scanner?
Yes. Police scanners are legal to own in all 50 states without any license, permit, or registration. Public radio frequencies are public property.
Can I use a police scanner in my car?
In most states, yes. Only a few states (Florida, Indiana, Kentucky, Minnesota, New York) have restrictions on mobile scanner use, and even these are rarely enforced against law-abiding citizens.
Is it illegal to listen to encrypted police radio?
You cannot listen to encrypted police radio—not because it's illegal to try, but because it's technically impossible. Modern AES-256 encryption cannot be broken by any consumer device.
Do I need a license for a police scanner?
No. Unlike ham radio (which requires a license to transmit), police scanners are receive-only devices that require no license anywhere in the United States.
Can police tell if I'm listening to a scanner?
No. Scanners are receive-only devices that do not transmit any signal. There is no way for police to detect that you are listening.
Take Action for Transparency
Your voice matters. Here are concrete ways to advocate for open police communications in your community.
Contact Your Representatives
Use our templates to email your local officials about police radio encryption policies.
Get StartedRead Case Studies
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Public Testimony
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Legal Disclaimer
This guide is for informational purposes only and does not constitute legal advice. Laws may change, and local regulations may apply. Consult a qualified attorney for advice specific to your situation.
Last updated: 2025-12-30