1995 Edition
Compiled
by: Frank Terranella, Esq., 106
Cathay Road, Clifton,
N.J. 07013 ©Copyright
1995, Frank Terranella Notice
from Grove Enterprises/Monitoring Times Readers are advised that the material
has not been updated since 1995, and local laws may have changed. If you have
knowledge of such updates, please contact us at mt@grove-ent.com
and we will post verified changes here. Penal
Code § 750.508
750.508. Vehicles equipped with short wave length radio receiving sets
(1) Any person who shall equip a vehicle with a radio receiving set that
will receive signals sent on frequencies assigned by the federal communications
commission of the United States of America for police purposes, or use the same
in this state unless such vehicle is used or owned by a peace officer, or a bona
fide amateur radio operator holding a technician class, general, advanced, or
extra class amateur license issued by the federal communications commission,
without first securing a permit so to do from the director of the department of
state police upon application as he or she may prescribe, shall be guilty of a
misdemeanor, punishable by imprisonment in the county jail for not more than 1
year, or by a fine of not more than $500.00, or by both fine and imprisonment in
the discretion of the court.
(2) This section shall not be construed as restricting the use of radar
detectors. Comment: This
statute outlaws the equipping of any vehicle with a scanner.
Exemptions are provided for peace officers and amateur radio operators.
In People
v. Gilbert, 414 Mich. 191, 324 N.W.2d 834 (1982), the Court found
that this statute, as it existed at that time, did prohibit the use of radar
detection devices, but the Court said that since a person of ordinary
intelligence could not tell that from the language of the statute, the
interpretation would be prospective only. The
statute was amended on May 23, 1990 by the addition of technician class ham
radio licensees as exempted individuals, and by the addition of section (2)
which neutralized the holding in People v. Gilbert by making
it clear that the statute was not intended to prohibit the use of radar
detectors in the State of Michigan.
MICHIGAN: