ACLU Files a Winner
Like it or not, the ACLU is probably going to win this one:
- The American Civil Liberties Union of Illinois filed a federal lawsuit today against Cook County State's Attorney Anita Alvarez challenging the Illinois Eavesdropping Act, which criminalizes the recording of public conversations with police, according to a complaint filed in federal court in Chicago.
The recordings in this case were created without the consent of the officer and occurred in public places when officers were performing public duties, according to the complaint.
Public employees involved in official duties on the public way? Yeah, even Shortshanks with his mediocre legal education could win this one. It's going to come down to a case-by-case basis. The Department is already videotaping our traffic stops, pursuits and emergency responses and it isn't going away any time soon. We don't like it either, but the ACLU will make a convincing case.
We do imagine that interactions with citizens will plummet to all-time lows though.
We do imagine that interactions with citizens will plummet to all-time lows though.
Labels: info for the police
posted by SCC at 12:04 AM
27 Comments:
This recording law is a two way street, the public is also protected while being a subject of an investigation (i.e. street stops, traffic, or a call), they need to give permission to whoever is recording regardless of the police on scene. It is possible during my day I use peoples names who are under investigation, addresses, state names of minors who've committed crimes. Which brings up that sometimes my stops involve juveniles who are arrested and sentenced by a court-is the ACLU allowed to document an arrest of a juvie? Are they allowed to interfere with lawful investigations? Are they allowed to produce video of a subject under arrest committing a crime and then destroy this material if found to be of value to the police and ASA's office? All it would take is the citizens to sue the ACLU for millions based on recording them in an arrest situation which they never gave permission. OR as an officer I'm distracted by a video recorder and shot. May I inventory these devices as evidence for a possible trial? The ACLU is all about rights and the public, well like it or not I am a public citizen as well, but they choose who to protect, I guess they're off in logic. You never hear the ACLU state "don't kill police officers" or "obey the law". Remember, the ACLU defend and support cop killers and rapists.
People v. Jansen, 561 N.E.2d 312, 314 (Ill. App. Ct. 1990).
I certainly would be recording citizens as they say things to antagonize the police. I would be putting those recordings on the internet as fast as I could. All of these "watchdog" groups have members who enjoy their various, little, personal indiscretions with the law and "societal norms", e.g. pot smoking, drinking & driving, verbal abuse, extramarital affairs, cheating on their taxes, drunkenness, speeding, running red lights, not yielding to pedestrians, occasional domestic assaults and batteries, etc., but just hate it when they are taken to task for it, or get caught. During such events, when they come into contact with the police, they bait the police who are doing their jobs, hoping to get the cop angry enough so that they can avoid their own irresponsibilities.
Yes, I hope the ACLU wins and I hope the police record the unpleasant meanness of citizen watchdog groups, who are not as "innocent" as they portray themselves, but rather show them to be the big hypocrites they actually are.
In my opinion, these watchdog groups are children in adult bodies, who do not want to answer to lawful authority, or take responsibility for their actions.
I barely have interactions with my co-workers anymore let alone "the citizens"! Two words... PUNITIVE DAMAGES!!!
It's not going anywhere. These laws aren't new as the media lead you to believe. The only thing that may happen is that the police may no longer be able to audio record traffic stops. That part of the law was changed recently to allow the audio recording.
It is easy to imagine that real soon someone will some motorist will pick up his micro video camera or turn his cell phone video on and keep it on, aimed at the officer, during a traffic stop.
And what are we to do? There is nothing to do except not make traffic stops.
It is that way with pursuits, no way will I case anyone except if he just shot a police officer. Otherwise, good bye. Now it seems the traffic stop will degenerate into a matter of dueling video cameras.
We will simply need to limit our interaction with the public to "May I see your driver license" and "Here is(are) your ticket(s) which are self explanatory" and that is it. No discussion, no conversation, nothing, license, ticket, good bye. If even that.
American Criminal Liberties Union
I am a public citizen as well
No you are not. Well, as far as the ACLU, the fine citizens of this city and Daley are concerned.
You, as are we all, are cannon fodder. The rules change at light speed when it comes to the police.
Remember that you are in a job that no one will admit is necessary. John Q. Public wants nothing to do with you........until he needs you.
You are the scum of the earth who violate the rights of poor people who are down on their luck.
You are a lazy ass dog when you are not there the moment that same poor, down on his luck guy walks up to them and sticks a gun in their face and takes everything that they can hold on to.
It has been said before, this city has finally got the police department that they wanted.....totally unable to protect it's citizens.
So next time pookie breaks into your home and terroizes your family, call the ACLU.
I have as little interaction with the public as possible. When I get assinine questions or even good questions I freely tell people I don't Know. There are exceptions thou but that's on a case by case basis.
I also direct citizens to call 311 for assistance with anything city related.
Fair is fair , hope it applies to elected officials
All I do is wave and and chant "CAPS WORKS" LMAO!
The liberals have created quite a cess pool already. I hope they enjoy it!
Then we should be able to record them as well. Why not play the recordings on the blog, so the public can see the savages in their own element, images that never get broadcast from all the city recordings?
This will all boil down to:
The public way.
Everything and anything that occurs on the public way can not be considered privy to the right to privacy. Period.
The bottom line will be, there IS no right to privacy when acting as a public servant in a public location. This will include being called to a private residence where someone in the home records the police without their consent.
None of this bullshit matters. Cops are filmed in Chicago hundreds of times every day, nothing happens. Wby? Because nothing improper was done, that's why.
These bleeding heart shitsticks try to act like "if only we could ALL record the cops we'd get them all fired" just can't face the fact that it's an extremely rare occasion that something happens that looks incorrect when taken out of context.
Maybe they can sue the state for having a law telling me where I have to live cause my city has a population if over 1million.
dont worry j-fled will fight this like he fights gun ownership for da mayor.
DONT WORRY CRIME WILL GO UP AND NO ARREST MADE.
THE COOL THING WILL BE U BEING ABLE TO RECORD UR WHITE SHIRT BOSS AT ROLL CALLS AND POST THEM TO THE INTERNET.
THOSE SPECIAL MOMENTS IN THE STREET WHERE THE WHOLE HOOD THREATENS TO KILL U CAN BE RECORDED.
I CAN ALSO RECORD THOSE DUMB ASS ALDERMAN AFTER CAPS MEETING TALKING CRAZY.
SOOO MAY BE ITS NOT SO BAD.
WHATEVER HAPPENED TO THAT DICK WHO WAS IN BOMB AND ARSON WHO TAPED HIS BOSSES AND THEN TOLD THEM. THOSE WHITE SHIRTS WERE SCARED TO DEATH AND THEY MADE THAT CASE REPORT SO FAST TO SAVE THEIR ASSES.
For one, you can cheaply buy software that will filter out any audio. Many cameras cannot turn off the audio. Merely recording it but not playing it for anyone wshould not merit a felony charge, or any charge for that matter. But, out political class must protect itself. THEY do not want to be recorded so someone can prove they were lying. Most states allow one party recording and it has not resulted in the chaos that our politicians predict. More scare tactics just like the anti-gunners used when they aregue against guns in the home or concealed carry. Over 40 states allow one party recording and no issues have developed.
We will simply need to limit our interaction with the public to "May I see your driver license" and "Here is(are) your ticket(s) which are self explanatory" and that is it. No discussion, no conversation, nothing, license, ticket, good bye. If even that.
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that is all i have ever done. i never engage them. i never say 'do you know why i stopped you' i tell them the reason, walk away, and right the ticket. if they try to question me further i say they can explai themselves at court.
Eavesdropping and wire tap laws have been around for 60 years. This is not the first time they have been challenged and this case is far from being a "winner".
It is easy to imagine that real soon someone will some motorist will pick up his micro video camera or turn his cell phone video on and keep it on, aimed at the officer, during a traffic stop.
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And that is bad in what way?
If you are behaving yourself, it's not an issue.
if you are not behaving yourself, that is your problem, and you should address your misbehavior.
SCC, its not just traffic stops, pursutis and emergency responses that get recroded now, its all enforcement stops; that means just about anything a beat officer does now has to be recorded. Don't think its there to help you either, the department wants it for one thing, to screw up over if you make a mistake.
Anonymous said...
People v. Jansen, 561 N.E.2d 312, 314 (Ill. App. Ct. 1990).
8/20/2010 12:34:00 AM
Yes,this little known case nullifies current law,but hey its Illinois you know.
All the wiretapping laws and such came out of the Greylord era and are designed to protect the corrupt.
fuck the aclu.
"And that is bad in what way?
If you are behaving yourself, it's not an issue.
if you are not behaving yourself, that is your problem, and you should address your misbehavior.
8/20/2010 12:30:00 PM"
keep shitting on the sheepdogs, sheeple.
the wolves just love lamb chops.
No they won't.
the chicago police department is like a flower wilting in the sun deprived of sunlight and water--- the smart coppers see the writing on the walls and do not challenge people like before--- you have a boss who has shown his true colors and likes to jackpot working coppers--- you also have an asa who likes to prosecute officers--- ipra is loaded with civilians who are looking for an excuse to stick it up an officer's ass---- the working copper has become an extinct species currently placed on the endangered species list--- if you get out of the car and place your hands on someone other than for an assigned job you have to be out of your fucking mind--- fuck the court time, learn to do without it, you'll feel better....
keep shitting on the sheepdogs, sheeple.
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when the sheepdogs misbehave the shepherd swats them upside the head with his staff. as it should be.
no one gets a free pass on misbehavior. nor should they. even those that have a badge.
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