It was often used to arrest people who attempted to record onduty police officers and other public officials. Illinoisagainmoves to ban recording the police ars technica. Louis frobe felt he was wrongly stopped for speeding and decided to use his phone to videotape and record the stop and its surroundings. If police fail to record the entire interrogation, a judge may throw out any statements you made even after the tape began rolling. The state also argues that, even if the videotape does not qualify for the section 143h exemption, the videotape is admissible because it complies with the legislative purpose. Recording phone calls, conversations, meetings and hearings. If the owner does not want you to record the police, he or she can order you off the property and even have you arrested for trespassing if you dont comply. Illinois secretary of state department of police tradition, service and dedication printed by authority of the state of illinois. Sep 29, 2011 police arrest illinois man for videotaping traffic stop we have yet another person arrested for recording a police officer in public. In the land of lincoln, it is illegal for citizens to record or videotape illinois police in public, yet the illinois legislature last month gave police the right to engage in those very same activities without a warrant during drug investigations.
New illinois laws in 2019 take effect january 1 abc7 chicago. Illinois just made it a felony for its citizens to record the. Sep 07, 2011 remember all police, sheriffs deputies, state and federal law enforcement officers arent bad, so please stop putting good officers in the same category as the bad ones our job is hard enough, remember a good officer puts his life on the line every time he put on that uniform, and prays he get to go home to his family at the end of his shift. Illinois just made it a felony to record the cops without consent. Illinois law welcome to the illinois law section of findlaws state law collection. Filming police officers as they perform their duties in public is an emerging issue. The policeone police books and training materials product category is a collection of information, product listings and resources for researching books and training materials. Mar 25, 2019 in illinois, the war on drugs has delivered yet another blow to citizens privacy rights. The current law allows residents to record interactions with police.
Tiawanda moore had criminal wiretapping charges brought against her for secretly recording police. Had this law been on the books when paula copiedandforwarded barrys. Journalists opposing the controversial illinois eavesdropping statute expressed relief when a chicago official announced that police do not plan to enforce the law when the city hosts the nato summit in may. The right of citizens to videotape police jonathan turley. The learning objectives of the illinois law enforcement training and. A state representative also introduced a bill last week to make it legal to audio record police officers in public. Belleville an illinois state police supervisor testified thursday that he was shocked after watching a videotape of a colleagues roadside strip search of. Illinois doesnt follow that rule illinois is an allpartyconsent jurisdiction.
Jul 04, 2017 illinois law requires that police videotape anytime they question you about murder charges provided that you are in custody. Illinois made it a crime to use an eavesdropping device to overhear or record a phone call or conversation without the consent of all parties to the conversation. Search and seizure, the police officer patrolling within the fourth. Over the years, people who have sued the police for retaliation for recording have gotten mixed. For similar reasons, the court finds that under the law of this circuit there is and was on december 7, 2012, a clearly established right to. The law, a felony, carries a maximum penalty of up to four years for recording the police, an attorney general, assistant attorney general, and. Consider the case of michael brummit and barbara janisch. Filming the police the first amendment encyclopedia mtsu. Illinois just made it a felony to record the cops without. The illinois legislature took out the reasonable expectation of privacy exception specifically to make it illegal to videotape police officers.
A federal appeals court had ruled that the law likely violates free speech guarantees. The guide to law online contains a selection of illinois legal, judicial, and governmental sources accessible through the internet links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Police law institute po box 49 north liberty, ia 52317 phone. In at least three states, it is now illegal to record any on. The following law enforcement agencies in illinois have had police officers, sheriff deputies or other law enforcement officials author books. While on patrol near illiopolis on october 28, 2007, trooper mcmillen overheard a call for assistance from sangamon county deputies who were trying to quell a large disturbance at a bar. Our primary goal is to keep your officers informed and safe.
Earlier this year, the illinois supreme court struck down a state eavesdropping law that. The new illinois eavesdropping law makes it easier to record police in public settings but it also gives police more power to record citizens conversations. Nov 14, 2011 illinois eavesdropping law supported by influential circuit judge on tuesday, a judge indicated that the american civil liberties unions challenge of the harsh illinois eavesdropping law banning the audio recording of police officers faces an uphill climb if it is to succeed despite the recent highprofile acquittal of an alleged offender. The 1st circuit said the act of filming police officers was part and parcel of a corollary first.
Therefore, the videotape in question is the equivalent of an audio recording prohibited by illinois law and does not qualify for the section 143h exemption. Whether or not a citizen can videotape a police officer in the active performance of a public duty is a question finding its way and potential. Supreme court justices refused to hear an appeal on behalf of illinois tough eavesdropping law. Up until a couple years ago, it was illegal to audio record any person in illinois without that persons permission.
The two faces of eavesdropping illinois state bar association. In march, the illinois supreme court declared the states eavesdropping law unconstitutional, specifically because it interfered with the publics right to record police. In response to a flood of facebook and youtube videos that depict police abuse, a new trend in law enforcement is gaining popularity. The police law institute educates and empowers officers by providing superior online legal training. The law and filming cops experienced criminal lawyers. Elaine nekritz that would amend the controversial statute to allow citizens to make audio recordings of police officers performing their duties in public. The aclu of illinois filed a challenge, seeking an injunction against the. This section contains userfriendly summaries of illinois laws as well as citations or links to relevant sections of illinois s official online statutes. Your guide to your rights if arrested illinois state bar. Sep 04, 2015 belleville an illinois state police supervisor testified thursday that he was shocked after watching a videotape of a colleagues roadside strip search of a motorist during an east st. Police do not intend to enforce illinois eavesdropping law. Illinois made it a crime to use an eavesdropping device to overhear or record a phone call or conversation.
Hb 04909 biss, d guzzardi, w allows birth record fees to be waived for. Supreme court upholds legality of videotaping police. This latest edition of criminal law and procedure handbook of illinois features the complete text of chapter 720 criminal offenses, chapter 725 criminal procedure, chapter 730 corrections, the juvenile court act, and many related sections from the illinois compiled statutes in a compact format. Each person or firm licensed pursuant to sections 5301 excluding scrap processors, 5302, 5101 or 5102 of the illinois vehicle title and registration law the act of the illinois vehicle code ill. Illinoisagainmoves to ban recording the police ars. Illinois eavesdropping, wiretapping, and computer crimes in divorce. Dec 09, 2014 illinois in march of this year the illinois supreme court struck down the states eavesdropping law, and rightfully so, as it was touted as the most unconstitutional law of its kind in the country. The law in 38 states plainly allows citizens to record police, as long as you. Any law enforcement officer such as a police officer, sheriff, deputy sheriff, or state trooper. Illinois newly amended eavesdropping statute poses.
He also is the author of many first amendment books, including the first. Illinoiss wiretapping law was a twoparty consent law. Illinois state police trooper broke law in roadside strip. Guide to criminal law for illinois lantermo, deborah on. Under the original illinois eavesdropping statute, it was illegal to record police officers in public without their consent. Illinois, the state with the most notorious antirecording laws in the. October 2015 8 sos dop 273 field division protects the integrity of all documents issued by the secretary of states office through criminal investigation of associated crimes. No warrant needed for wiretaps in illinois drug investigations. While responding with emergency lights and sirens activated, trooper mcmillen encountered an oncoming vehicle driving in his lane of travel. The court rejected bostons arguments and found that the police had denied glik his 1st and 4th amendment rights. While the eavesdropping law faces the scrutiny of the courts, the illinois house of representatives, in a 7145 vote, passed a measure sponsored by rep. Over the two years, though, both statutes have been challenged in court, and neither passed constitutional muster. Illinois eavesdropping law supported by influential circuit judge.
First amendment right to videotape police extends even to. Please select a topic from the list below to get started. Sep 20, 2012 now, massachusetts and illinois have some of the thorniest laws when it comes to filming cops, since their legislatures have explicitly criminalized recording law enforcement. The amended statute attempts to remedy the constitutional infirmities identified by the illinois supreme court. Illinois computer tampering law 720 ilcs 51751 has real teeth. But illinois, being the the corrupt and violent police state that it is, couldnt let their police and other government officials be held. Be it enacted by the people of the state of illinois, represented in the general assembly. Folks in family court must resist the temptation to hack into their sos emails and data. Dec 05, 2014 the illinois general assembly just passed a bill that would prevent citizens from recording the police. You could have a case against them under a federal law, 42 u. Police arrest illinois man for videotaping traffic stop. Your right to videotape police is much more limited on private property because you are subject to the whims of the private property owners rules. Also, this book covers the major issues in the laws of arrest, search and seizure.
Jan 27, 2015 illinois controversial eavesdropping statute was finally amended, effective december 30, 2014, to replace the version of the statute that the illinois supreme court struck down as unconstitutional in march 2014. Plaintiff, the people of the state of illinois, pursuant to illinois supreme court rule 604a1 210 ill. Our legal training assists officers in effectively providing law enforcement services to your community while reducing the risk for civil litigation. Article 14, also called the illinois eavesdropping law was a twoparty consent law. Dec 09, 2014 the law, a felony, carries a maximum penalty of up to four years for recording the police, an attorney general, assistant attorney general, and judges. The illinois law then became one of the most toughest eavesdropping laws in the country.
Nov 08, 2011 the charges were dismissed after a public outcry, but in a later civil rights case, city attorneys fought to deny citizens the right to videotape police. The following discussion is based upon both constitutions and upon other laws governing the citizens of this state. Illinois s wiretapping law 720 illinois compiled statutes 5 criminal code of 2012. Read a complete list here, and see the top new illinois laws for 2019. Your claim might involve your first amendment right to record and your fourth amendment right against unlawful arrest. If you plan to record the activities of the police or other public officials, first.
497 1363 1605 264 1436 1317 1418 749 1510 1456 1317 1456 1446 734 1162 1418 1176 711 1120 546 574 427 157 1332 508 1216 47 1077 528 542 1043 1235 1545 185 1081 223 1420 41 1074 548 1234 662 48 1499 1187 1313