Why the Police can seize your walkie even if you don’t transmit
You have a “Baofeng in your backpack. You aren’t talking through it, nor even holding it in your hand. You just carry it on you, turned off. And yet, the Guardia Civil could still seize it, issue a citation against you, and leave you with an administrative problem. Not because you are using it wrongly at that moment, but because that device is capable of transmitting on frequencies for which you do not have permission.
And this, although it may seem excessive, is perfectly real and applies equally to radio equipment installed in a vehicle. Welcome to the complex side of sanctioning law, where Administration can act preventively and you, as a citizen, must justify afterwards that you have not made improper use.
The great lie of “free use”
In Spain there are several common-use bands, that is to say, those that do not require an individual license as long as “homologated equipment is used under strict technical conditions:
PMR446
- Frequency: 446.0–446.2 MHz
- Power: 0,5 W
- Antenna: fixed and integrated
- Free use only with equipment homologated for this band
CB-27 MHz (Citizens Band)
- Frequency: 26.965–27.405 MHz
- Power: 4 W (AM/FM), 12 W (SSB)
- Removable antennas allowed
- No license required, but only with equipment homologated for CB in Spain
Other SRD/ISM bands
- 433 MHz and 868 MHz: sensors, home automation, remote controls (low power).
- 2.4 GHz and 5 GHz: WiFi, Bluetooth.
- 24 and 60 GHz: radars and short-range links.
In all these bands you can use equipment without a license, but only if they are compliant and homologated. A Baofeng, a 10m transmitter or an HF transceiver do not fall into this category.
And without transmitting? Just listening?
According to the Law 11/2022, of June 28, General Telecommunications Law
- Administration can act if a device causes or could reasonably cause interference (art. 83.6)
- It may seal up or remove equipment as a precautionary measure in a sanctioning procedure (art. 112.1)
- It may seize them definitively as an accessory sanction after a firm resolution (art. 109.2.c)
In addition, the Organic Law 4/2015, of March 30, on protection of citizen security allows Police to temporarily occupy equipment or objects that could be used for an offence (art. 19), remaining at the disposal of the competent authority, which must ratify it within ≤15 days (art. 49)
Even if you have never pressed the PTT, if you carry on your person a device that could transmit outside free-use bands, they can seize it preventively. The initial decision is by the agent, but must be confirmed afterwards by SETID.
Practical examples
1. Chinese walkie bought on AliExpress
- If you are an amateur radio operator: you could use it in your authorized bands (144–146 MHz, 430–440 MHz), provided the device has a valid CE marking in accordance with RED regulations. Many low-cost devices (Baofeng, Quansheng…) do not meet this requirement, so their use would not be permitted even if you have a license.
- If you are not an amateur radio operator: you do not hold the enabling title and the device is considered non-compliant equipment.
- If you program it on PMR446 or CB-27: it does not count either, because it is not homologated for those common-use bands.
What they can do: seize it preventively if they suspect improper use.
Practical translation: the Baofeng is not illegal in itself, but if it lacks a CE marking or you use it without a license/outside your authorized bands, it does expose you to sanction. And, in case of doubt, the Guardia Civil can seize it temporarily until the competent authority evaluates it.
2. Private individual without a license with a 10m transmitter in the car
- The 28–29.7 MHz band is exclusive to licensed amateur radio operators.
- If you do not have it, carrying equipment installed that could transmit there involves a risk of seizure.
Guardia Civil can seize the device on the spot (LO 4/2015, art. 19).
SETID decides afterwards whether to seal it up or seize it definitively based on the Law 11/2022.
And how do hunters use walkies legally?
Hunting associations and other groups can request from the Ministry an administrative title for exclusive spectrum use:
- They ask for specific frequencies (normally in UHF).
- They present a technical project with zones and users.
- They obtain authorization to put into service.
- They identify the authorized members.
With that authorization, they can use equipment configured on those frequencies, provided they are homologated for professional use and comply with current regulations.
This means that it is not enough to program any Baofeng or Quansheng, as many models are not homologated in Spain or do not comply. To be legal, devices must have a valid CE marking and meet the required technical requirements.
What happens if the agent decides to take it away?
- LO 4/2015 allows temporary occupation of objects to prevent offences.
- Law 11/2022 supports precautionary seizure of equipment if it causes or could cause interference.
- The measure must be ratified within 15 days by the competent authority (SETID).
Therefore:
- If an agent considers your walkie could be used improperly, they can seize it.
- You cannot refuse (it would be disobedience, a serious sanction).
- Then you will have to claim in administrative proceedings to recover it.
A mirror of how legislation works in Spain
This case shows how certain laws transfer the burden of proof to the citizen:
- With a Baofeng in your backpack, you must demonstrate that you were not going to cause interference.
- With flammable substances at home, you must certify that you did not intend to manufacture explosives (art. 568 of the Penal Code).
In theory
The article 568 CP defines as an abstract danger offence the unjustified possession of explosives, flammables or incendiaries.
This means that it is not necessary that you have manufactured a device nor that there is proven intent to use it: it is enough that the authority considers the materials could be employed for manufacturing one.
In practice:
It will be you who, subsequently before the judge, must justify that the gasoline was for the lawn mower and the fertilizer for your garden.
If the Guardia Civil finds a gas can in your garage alongside fertilizers or metal oxides, they can issue an official report against you and detain you preventively.
A slippery slope for the citizen
The consequence is clear: both in telecommunications and in criminal law, the legislator transfers the burden of proof to the citizen.
- With a Baofeng in your backpack, you must certify that the use of the device (if there was any) complies with regulations (license, homologation).
- With gasoline and fertilizer in your rural storage, you must justify that you did not intend to manufacture explosives.
It is the same pattern: laws made in distant offices, drafted without stepping on the street, which turn everyday life for any person into a slippery slope.
In practice fortunately, these laws are rarely applied unjustifiably, but leave the door open to be applied at discretion if institutions require it.
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