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Guide to U.S. Monitoring Laws  

1995 Edition  

Compiled by: Frank Terranella, Esq., 106 Cathay Road, Clifton, N.J. 07013

©Copyright 1995, Frank Terranella  


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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. 


MICHIGAN:

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.


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