299C.37. Police communication equipment; use, sale

609.856. Use of police radios during commission of crime; penalties

 Minn. Stat. 299C.37 (1988)

  299C.37. Police communication equipment;  use, sale

  Subdivision 1. (a) No person other than peace officers within the state, the members of the state patrol, and persons who hold an amateur radio license issued by the Federal Communications Commission, shall equip any motor vehicle with any radio equipment or combination of equipment, capable of receiving any radio signal, message, or information from any police emergency frequency, or install, use or possess the equipment in a motor vehicle without permission from the superintendent of the bureau upon a form prescribed by the superintendent.  An amateur radio license holder is not entitled to exercise the privilege granted by this paragraph if the license holder has been convicted in this state or elsewhere of a crime of violence, as defined in section 624.712, subdivision 5, unless ten years have elapsed since the person has been restored to civil rights or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence.  For purposes of this section, "crime of violence" includes a crime in another state or jurisdiction that would have been a crime of violence if it had been committed in this state.  Radio equipment installed, used, or possessed as permitted by this paragraph must be under the direct control of the license holder whenever it is used.

  (b) Except as provided in paragraph (c), any person who is convicted of a violation of this subdivision shall, upon conviction for the first offense, be guilty of a misdemeanor, and for the second and subsequent offenses shall be guilty of a gross misdemeanor.

  (c) An amateur radio license holder who exercises the privilege granted by paragraph (a) shall carry the amateur radio license in the motor vehicle at all times and shall present the license to a peace officer on request.  A violation of this paragraph is a petty misdemeanor.  A second or subsequent violation is a misdemeanor.

  Subd. 2. Repealed by Laws 1971, c. 71, s 2, eff. March 30, 1971.

  Subd. 3. The superintendent of the bureau shall, upon written application, issue a written permit, which shall be nontransferable, to a person, firm, or corporation showing good cause to use radio equipment capable of receiving a police emergency frequency, as a necessity, in the lawful pursuit of a business, trade, or occupation.

  Subd. 4. Repealed by Laws 1983, c. 293, s 115.

Comment:

This statute completely outlaws the use of scanners in motor vehicles.  There is an exemption for ham radio operators who have not been convicted of a crime of violence.

 Minn. Stat. 609.856 (1988)

  609.856. Use of police radios during commission of crime;  penalties

  Subdivision 1. Acts constituting.  Whoever has in possession or uses a radio or device capable of receiving or transmitting a police radio signal, message, or transmission of information used for law enforcement purposes, while in the commission of a felony or violation of section 609.487 [fleeing a police officer in a motor vehicle] or the attempt to commit a felony or violation of section 609.487, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both. Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

  Subd. 2. Forfeiture.  A radio or device defined in subdivision 1 that is used in the commission of a felony or violation of section 609.487 or attempt to commit a felony or violation of section 609.487 is contraband property and subject to the forfeiture provisions of section 609.531.

Comment:

This statute makes it a crime to use a scanner in the commission of a crime. It was amended in 1993 to make it clear that this is a separate offense apart from the felony committed while possessing or using the scanner.