Unconstitutional Illinois Wiretapping Law On Its Last Legs

Perhaps it’s too soon to be optimistic, but it appears as if the days of the absurd and unconstitutional wiretapping law in Illinois are numbered.

The law forbids citizens from recording cops in public without their consent, even though they can record you.

It makes it a felony, punishable by up to 15 years in prison. The only state in the country to have such an extreme law.

Massachusetts comes close, but it makes it a crime only if you secretly record cops without their consent. And even that law has been challenged as unconstitutional if the officer did not have an expectation of privacy.

Last week, an Illinois legislator introduced a bill that would reverse this law.

With the constitutionality of Illinois' eavesdropping law already facing several court challenges, a Democratic state representative from Northbrook has filed a bill that would allow people to audio-record a police officer working in public without the officer's consent.

"I believe that the existing statute is a significant intrusion into First Amendment rights, so with the prosecutions and the court cases that have been reported about, it just seemed that this is a problem in need of a swift solution," Rep. Elaine Nekritz said in an interview Thursday.

Also last week, a woman who was acquitted for secretly recording cops filed a lawsuit.

The seven-page lawsuit recounts Moore's allegation that Officer Jason Wilson responded to a domestic violence call at the apartment Moore shared with her then-boyfriend, and allegedly grabbed her breasts and buttocks as he interviewed her in her bedroom. Wilson then slipped her his number before leaving, suggesting they should "hook up."

Last year, an Illinois judge tossed out a case of a man arrested on these charges, ruling that it was unconstitutional.

And any day now, a decision can be reached in ACLU vs Alvarez, which could determine that the law is unconstitutional.

Also last week, the United States Department of Justice sent a letter to a Maryland judge, urging him to see the constitutionality of the citizens' right to record police in public, which could have an affect on ACLU vs Alvarez.

So even though nothing is certain, I have a very good feeling the law will not last through the end of this year.

Comments

It's interesting how different officers respond to being recorded with a video camera. Yesterday I recorded a traffic stop with a field sobriety test and DUII arrest. The state patrol officer involved came over and chatted with me and then invited me to do a ride along and said, "Yes, bring your camera."

That's awesome Phil.

Unfortunately changing the law will have no effect on the conduct of IL. thugs. Speaking from experience and glad to still be here in one piece.

Why would the democrats, the protectors of the people, pass such a wiretapping law in the first place? Perhaps to protect the corruption that seems to invade every public job in Illinois?

Illinois is also the only state in the union that does not allow for concealed carry of handguns. With all the corruption in that state is there any wonder why?

They are more afraid of guns than the desire for the revenue that the permits would generate. As it is the FOID cards are a joke and always have been. Iowa now has a very reasonable law for getting the permits and very VERY little trouble with the people who have them. Even California has concealed carry and they are pretty far left..

I read something that the IL statehouse was looking at almost making Chicago its own state, not quite a whole state but a separation of the laws between chicago and the rest of the state. The analysis was done because the rest of the state is unhappy that Chicago basically sets the laws for the whole state. If Chicago was its own little shithole they would have to survive on their own which apparently sells well to the remainder of the state, especially as you move further and further away from Chicago.

Ok, onto the topic at hand.. The fact that any lawmaker thought this statute would survive 10 seconds of scrutiny shows the lack of thought at the statehouse.. The rollback statute is a good idea, but when the court rules against them will be unneeded..

The existing laws that were passed ages ago to protect us have been perverted by the criminals with badges in IL. These aren't new laws on the books.

Is there any doubt these fascists are the enemy of the Constitution, the State, and the Citizens?

"Radley Balko interviewed James Pasco, executive director of the national Fraternal Order of Police (FOP), which describes itself as "the world's largest organization of sworn law enforcement officers." Pasco argues that videotaping police officers in public should be illegal because it can intimidate officers from doing their jobs. Mark Donahue, president of FOP, concurs, telling the New York Times that his organization “absolutely supports” the eavesdropping act and was relieved that the ACLU's challenge filed last year failed, adding that recording on-duty police officers “can affect how an officer does his job on the street.”


There is NO carry of firearms in IL, be it Open, Concealed, or Constitutional. There is no Constitution in IL. You get what you vote for.

Especially if you are dead. Then you get to vote twice.

Lets see, intimidate them from doing their jobs or affect how and officer does his job on the street. Hm, the first is only true if he is not DOING his job, the latter I don't see a problem, if he is doing his job whats the problem? It comes accross as not wanting oversight. If you are doing your job IN PUBLIC whats the problem?

The 1st circuit's decision on the Glik case is such a clear decision it boggles the mind that there could be any other rational interpretation of the Constitution..

If you are saying that Illinois doesn't have a concealed weapons permit system, you're either lying or ignorant.

They do indeed have a civilian permit program. All you have to do to get the permit is get elected to high office. Like, say, Chicago city alderman.

I wish I was kidding.

They claim that this special program is about giving these politicos "limited police powers" but that too is bullshit. Go pull up the IL state constitution and search on the term "separation" - sure enough they have a separation of powers clause similar to the federal version. Meaning you can't give a local legislative branch figure such as an alderman police (read: executive branch) powers.

It's a CCW system - the single most elitist, discriminatory and outright disgusting example of same in the nation.

This may come into play very soon. There's a federal law saying that any state with a carry permit system has to recognize the permits of any other state. IL claims not to have a carry permit system but as I've explained, they're lying through their teeth. The moment somebody sues over this in federal court (again, after the passage of the federal bill if it does pass) from another state wanting to carry in IL will win.

While it is true Aldermen can own and carry firearms in Chicago city limits, the firearm can ONLY be used to pistol-whip secretaries who provide information to the FBI.

It is not the wiretapping law Carlos. It's the Illinois eavesdropping law.

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