Legal Question in Criminal Law in California

illegal scanners

Someone I know is considering purchasing and importing a scanner that may be capable of receiving cell phone transmissions. Is importing and using the scanner a crime. If so what kind of prison time and or fines are probable if someone were caught? Would charges most likely be felonies or misdemeanors? Do DA�s fiercely prosecute these cases?


Asked on 7/07/04, 1:16 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: illegal scanners

My best guess is the purchaser of such a scanner would be unlikely to be cited or prosecuted unless he or she were nabbed in the act of using it for illegal eavesdropping. My best recollection is that these devices were once legal, so the prosecution would have to prove the device was manufactured or purchased after it was made illegal. I think the law in question is Federal as far as possessing the device, and state law as far as eavesdropping/monitoring etc. Most local cops and DAs are not that technical. There is a possibility US Customs might confiscate the device.

Read more
Answered on 7/07/04, 10:23 am
Terry A. Nelson Nelson & Lawless

Re: illegal scanners

Using a scanner, not just having it, is the problem. 'Wiretapping' someone's conversations is illegal under state and federal law, and will be vigorously prosecuted.

Read more
Answered on 7/07/04, 3:12 pm


Related Questions & Answers

More Criminal Law questions and answers in California