Friday, January 13, 2012

That Eavesdropping Thing?

It's about to run into a Constitutional buzzsaw. And now this:
  • 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.

    Illinois' eavesdropping law is one of the strictest in the country and makes it illegal to audio-record police without their consent, even when they're working in public. The state is one of a handful in which it is illegal to record audio of public conversations without the permission of everyone involved.

    The law — a felony punishable by up to 15 years in prison — has come under increasing scrutiny in the last few years in courts throughout the state.

Assume you're always on camera.

Assume everyone you're talking to has a cell phone set on record.

Conduct yourselves accordingly.

Labels:

60 Comments:

Anonymous Anonymous said...

This law was designed to protect corrupt politicians and should be eliminated.

1/13/2012 12:16:00 AM  
Anonymous Anonymous said...

Just in time for G8/Nato!

1/13/2012 12:32:00 AM  
Anonymous Anonymous said...

If you have nothing to hide, you have nothing to worry about.

1/13/2012 12:36:00 AM  
Anonymous Anonymous said...

Hey asshole legislators......FIX THE STATE FINANCES and stop fucking with other shit!!

1/13/2012 12:43:00 AM  
Blogger Paul Huebl Crimefile News said...

That entire eavesdropping statute was put in place to protect crooked politicians from getting caught committing extortion. The entire law needs to get tossed.

1/13/2012 12:48:00 AM  
Anonymous Anonymous said...

I would have no problem with this...

If POs were also allowed to record all interactions with the public

1/13/2012 01:14:00 AM  
Anonymous Anonymous said...

What a great job this has become! WEEEEEEEEEE!!!!!!

1/13/2012 01:47:00 AM  
Anonymous Anonymous said...

ok, so this is really fucked up, and I ain't even a cop. So when you all got a real belligerent piece of shit to deal with, and things get out of hand , remember you can be sued, and you are on wire...THIS JOB CANT PAY ENOUGH FOR THIS SHIT let alone the danger of the SCUMBAGS....
Im runnin for the hillbilly hills, this city life is to fuckin liberal.

1/13/2012 02:00:00 AM  
Anonymous Anonymous said...

Ok, so if we mic up before entering the xo's office and post it on u tube ..... it's ok ?

1/13/2012 02:25:00 AM  
Anonymous Anonymous said...

I think we all (police or not) need to assume that all of the time. It is very annoying.

1/13/2012 05:03:00 AM  
Anonymous Anonymous said...

Ok, so if we mic up before entering the xo's office and post it on u tube ..... it's ok ?

1/13/2012 02:25:00 AM

The perfect example of what went wrong with this Department. This news sends a chill down every working coppers spine, and you are worried about jamming up the XO in a personal conversation. You are a real tool.

1/13/2012 05:07:00 AM  
Anonymous Anonymous said...

Additionally, did you hear about the broad who want the city to declare itself a 'torture-free city'? She brought up the whole Burge thing--what, that was 30 years ago? Seriously, don't these people have better things to do? When is the last time any police officer was accused of torture? Lib-tards should be tarred and feathered and run out of town by a mob carrying torches--how's that for torture?

Idiots. Was I the only one who heard her interviewed? I caught the tail-end of it on WBBM. Don't know if she was on broadcast tv.

1/13/2012 05:33:00 AM  
Anonymous Anonymous said...

When I worked in 020 years ago there was a 10-1 by a lone female officer who responded to a disturbance call. This was shortly after Rodney King. When we all got there, it was obvious the occupants of the apt. were intentionally trying to provoke officers, and then we saw some asshole with a video camera filming it all.

After everyone was locked up, they admitted that they intentionally tried to provoke the police so they could get it on film and file a lawsuit.

This has disaster written all over it. And I agree, always conduct yourself keeping in mind how what you're doing will look on the evening news. Because you are potentially being recorded by someone on the scene. Take that to the bank.

1/13/2012 05:38:00 AM  
Anonymous Anonymous said...

Chicago City Council to Hold Hearings on Anti-Torture Resolution
January 10, 2012
What: Anti-Torture Resolution Press Conference and Hearing

When: Thursday January 12, 2012. Press Conference: 9:00 a.m.; Hearing: 10:00 a.m.

Where: Chicago City Hall, 2nd Floor.

Contact: Margaret Power at 773-209-0524

On January 12, 2012, the Chicago City Council will hold a hearing on a Resolution to oppose torture in Chicago, in prisons throughout Illinois, and around the world.

Alderman Joe Moore of the 49th ward introduced this resolution in November 2011. The Illinois Coalition Against Torture has collected over 3,500 signatures from Chicago, across the U.S., and around the world in support of this Resolution. When the resolution passes, Chicago will be the first city in the United States to officially oppose all forms of torture.

1/13/2012 06:00:00 AM  
Anonymous Anonymous said...

While you are at it, add ALL PUBLIC OFFICIALS to the change in the law.

1/13/2012 06:26:00 AM  
Blogger somewhatrabid said...

Anonymous said...
I would have no problem with this...

If POs were also allowed to record all interactions with the public

1/13/2012 01:14:00 AM

Uh, they are dipshit! Don't you watch TruTV?

1/13/2012 06:43:00 AM  
Anonymous Anonymous said...

Let them... I dont do or say a damn thing anymore. Who gives a shit!

1/13/2012 06:45:00 AM  
Anonymous Anonymous said...

Anonymous said...
If you have nothing to hide, you have nothing to worry about.

1/13/2012 12:36:00 AM

You are right. Give everyone access to everything as we have nothing to hide. Carry a secret recorder for every day with every government employee. Keep it a secret but you have nothing to hide. Soon, the 1st amendment will be just a memory. Change is good for us. Hope and change promised but not delivered.

1/13/2012 07:11:00 AM  
Anonymous Anonymous said...

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.
---


a very serious question: Can we take and inventory the device if the driver, or whatever, makes an incriminating statement?

1/13/2012 07:12:00 AM  
Anonymous Anonymous said...

Good. Now I can record my boss threatening me about ticket quotas.

1/13/2012 08:13:00 AM  
Anonymous your alderman said...

Just the police? Not an alderman? Ok. Phew. Thanks. Yes. Very good idea.

1/13/2012 08:18:00 AM  
Anonymous Anonymous said...

"... If POs were also allowed to record all interactions with the public"

You already are.

1/13/2012 08:41:00 AM  
Anonymous Anonymous said...

Anonymous said...

I would have no problem with this...

If POs were also allowed to record all interactions with the public

1/13/2012 01:14:00 AM

Buy your own recording equipment and do it. Plenty of police departments require their officers to wear such devices.

The Illinois statute is clearly unconstitutional and was put in place after Harold Washington was secretly recorded badmouthing Dorothy Tillman.

I've seen video taken by bystanders that have saved individual PO's a whole lot of grief from false charges. There was one out in Washington State where a female teen punched an officer and he punched back. Without the video the story would have been "Cop assaults innocent teen". The truth is the "girl" probably outweighed the officer.

1/13/2012 08:52:00 AM  
Anonymous Anonymous said...

The powers to be should worry about the crime in their cities and figure out ways to enforce the laws that are on the books.

Always remember:

When Society Makes War Against Its Police; It Had Better Make Friends With Its Criminals.

1/13/2012 09:27:00 AM  
Anonymous Anonymous said...

Hey asshole legislators......FIX THE STATE FINANCES and stop fucking with other shit!!

I second that !!

1/13/2012 09:30:00 AM  
Anonymous Anonymous said...

A few years ago, a youth officer, now long retired, was summoned to the city wide youth commander's office for a conference. This youth officer had a recorder in her purse and secretly recorded the "counseling session". It turned out the youth commander lied as to what was said during this counseling session. However, one of the fellow youth officers stole the recorder and sent it to the IAD which got a cr number. The city tried to get this officer on recording a conversation without everyone consent. However, this officer knew the law and knew there were exceptions. The city finally tried to suspend this officer for having an unauthorized electronic device at work. Nothing was ever done to the commander for lying. The Illinois law is there solely to protect our corrupt and lying public officials. Anyone should be able to have a recorder in their pocket and record a conversation whether in person or on the telephone when they are a party to that conversation. Most states allow this to happen. It is not a threat to honest police officers or politicians. By, the way, after this youth officer stood up to the city and won, the Illinois legislature tighened up the law. We have the most corrupt officials of any state in the union .

1/13/2012 09:47:00 AM  
Anonymous Anonymous said...

Toss this law. That way whenever some idiot boss tells you to do something moronic or threatens you if you don't write enough tickets you can have it recorded and win your grievances every time.

1/13/2012 10:01:00 AM  
Anonymous Anonymous said...

The Illinois eavesdropping law show be completely repealed, 725 ILCS 5/108A should be dumped with it, and the outdated wiretap law (725 ILCS 5/108B) should be overhauled.

Does anyone remember how hard LE had to fight to get that officer-safety exemption to the Illinois eavesdrop law passed a few years ago? That fight wouldn’t have been necessary ff Illinois had simply been in step with 95% of the jurisdictions in the U.S.

Outright repeal would be a benefit to LE. POs could protect themselves better and investigators would not have to go to the SAO/courts for overhear orders. And if you’re worried about being recorded, you probably need to find something else to do. Cameras and audio recorders are everywhere. Everyone is recording everything, and the genie can’t be put back into the bottle. But this isn’t a bad thing. Total repeal would be way worse for the bad guys than LE. This is actually one of those “be careful what you ask for” propositions from their point of view.
Be smart, alert and clean, and life will be much better with total repeal.

Cullerton & Co. blocked meaningful reforms to Illinois overhear and wiretap laws proposed by the Collins Commission after Blago was indicted. Cullerton wrote editorials in the papers about the “most comprehensive reforms” ever passed in Illinois, while in fact he had blocked all meaningful reforms. Take a guess why.

1/13/2012 10:07:00 AM  
Anonymous Anonymous said...

It gets worse and worse

1/13/2012 10:31:00 AM  
Anonymous Anonymous said...

I agree with the FIRST post. They'll amend it to make it still illegal to record politicians, but police officers will be allowed. They'll explain it with some old footage of police beating someone.

1/13/2012 11:10:00 AM  
Anonymous Anonymous said...

That is fine with me. They can record me all fucking day. They can record me going to my dispatched jobs and handing out reports. That is what I do all day! Oh yeah, and I collect my check on the 1st and the 16th.

1/13/2012 01:11:00 PM  
Anonymous Anonymous said...

I would have no problem with this...

If POs were also allowed to record all interactions with the public

----------------------------
I am generally in favor of eliminating the eavesdropping laws in public places entirely. It serves no real purpose. One should not expect to have any expectation of privacy when one is not in a private setting.

Not a cop.

1/13/2012 01:15:00 PM  
Anonymous Anonymous said...

so i gfuess we can record the shit head too. at least they will have two tapes to play now instead of just one in court.

1/13/2012 01:54:00 PM  
Anonymous Anonymous said...

Anyone with or without a recording device visible will be given very polite treatment and is guaranteed a ticket or more. If they get stopped, they get the ticket. Let them bring the tape to court. I have audio and video too.

I had an accident with the squad car. The guy swore up and down I hit him. The Sgt. put him in the squad car and showed him the in-car video. He shut right up as he watched himself hit me.

He even swore the emergence lights weren't activated and you can see the blue flashers and hear the siren. I don't know if he was lying or just a goof.

Then the traffic safety thing wanted to give me time, I brought the video to the hearing and beat it.

1/13/2012 02:42:00 PM  
Anonymous Dave in Albany Park said...

"I would have no problem with this...
If POs were also allowed to record all interactions with the public
"

That is completely fair. I don't see why that would also not be allowed.

I read the applicable statute, and it seems ridiculous and indeed looks designed to shield crooks from the light of day.

1/13/2012 02:49:00 PM  
Anonymous Anonymous said...

Does anybody know of the particular statute making it illegal to record an Officer? The eavesdropping statute is not clear on PO's on duty.

1/13/2012 03:33:00 PM  
Anonymous Anonymous said...

I am curious who Rep. Nekritz would call if some horny fat thieving homicidal bastard was breaking into her house at 2am to attack her and her family? The police of course. The same folks she is trying to fuck with introducing this anti-police legislation. Why would this unknown legislator be doing this? Simple. All of our corrupt self serving politicians want to show they are doing something for the big salary we are paying them. They get their name in the news and show us just how valuable they are to society. State Sen. Cross fucking with our pensions is a good example. When he got so much heat he backed off. Just what the police need now is all these nosy self righteous mother fuckers sticking their cell phones up our asses and trying to record our actions. A great reason to put the blinders on and just do your reports. Take the winners to jail and the losers to the morgue. Fuck these bastards.

1/13/2012 03:43:00 PM  
Anonymous Carl said...

Alderman Joe Moore of the 49th ward introduced this resolution in November 2011. The Illinois Coalition Against Torture has collected over 3,500 signatures from Chicago, across the U.S., and around the world in support of this Resolution. When the resolution passes, Chicago will be the first city in the United States to officially oppose all forms of torture.

1/13/2012 06:00:00 AM

A lousy 3500 signatures from around the world? I could collect 10,000 signatures in my ward in an hour and a half that that would ASK us to torture these scum bags.

1/13/2012 04:45:00 PM  
Anonymous Anonymous said...

If you see someone recording you, just tell them "hey, put the phone down and come help me." if they keep recording, lock them up for "refusing to aid a peace officer" (misdemeanor) and then inventory the phone.

1/13/2012 05:03:00 PM  
Anonymous Anonymous said...

The Illinois Coalition Against Torture has collected over 3,500 signatures from Chicago, across the U.S., and around the world in support of this Resolution.
$$$$$$$$$


That's it? 3,500 across the world? Sounds like most wants some torturing done.

1/13/2012 05:28:00 PM  
Anonymous Anonymous said...

Don't do or say anything you wouldn't want your momma to find out about.

1/13/2012 05:52:00 PM  
Anonymous Anonymous said...

Just another reason to keep your windows rolled up and wave good bye!

1/13/2012 05:52:00 PM  
Anonymous Anonymous said...

What did you say? Can you talk a little bit louder towards my pocket?

1/13/2012 06:00:00 PM  
Anonymous Anonymous said...

so anti-law enforcement, so Illinois

1/13/2012 09:12:00 PM  
Anonymous Anonymous said...

Make sure they include asa's, public defenders, private attoneys, fire dept personnel and all politicians......They r just as public as we are.

1/14/2012 12:51:00 AM  
Anonymous Beck baby said...

You guys never heard of Police POV on TruTV?

1/14/2012 01:51:00 AM  
Anonymous Anonymous said...

The problem officers have with being recorded is that the laws are not applied fairly and evenly.

Take a few examples:

Car camera records offender verbally threatening officer and pushing him into his car. Hands down a felony aggravated battery to a P.O.. States Attorney says: 'You're not really hurt.
Besides the courts won't find him guilty and that's what you get paid for, right?' So no charges AT ALL! Coppers have no recourse.

Same car camera. Offender says he will "kick your ass" and advances on in despite orders to stop. In fear for your safety, you don't know if he is armed, high or whatever, you throw him to the ground and cuff him. He is under arrest for aggravated assault to an officer.

Along come Mr. Scumbag attorney who gets the tape and puts his spin on it. Your salty language (which matched his in intensity) is played again and again on the evening news because it sells. Thug and scumbag attorney spend the next 5 years trying to take your house away.

If the laws were applied fairly, we would be all over that taping. it would make our job a cakewalk. Police victims are all but ignored unless we are dead, so forgive us for being sceptical.

1/14/2012 09:03:00 AM  
Anonymous Anonymous said...

"refusing to aid a peace officer"
---


come on ... is this a real charge?

I was under the impression no one has a duty to help anyone else -

1/14/2012 09:27:00 AM  
Anonymous Anonymous said...

Buy your own recording equipment and do it. Plenty of police departments require their officers to wear such devices.

--------- ------- --------

If you do this be prepared to record everything and produce everything for the defense in every one of your arrests. failure to produce it, even if due to equiptment failure, could be used as exculpitory evidence. Wait for the department to provide it and deal with the protocols.

Also LE in 49 other states somehow makes it through each day while being recorded by the public. I think the CPD will survive.

1/14/2012 10:23:00 AM  
Anonymous Anonymous said...

This law was designed to protect corrupt politicians and should be eliminated.

1/13/2012 12:16:00 AM

If you have nothing to hide, you have nothing to worry about.

1/13/2012 12:36:00 AM

-----
Another naive 'occupy' troll visits the blog...

1/14/2012 11:34:00 AM  
Anonymous Anonymous said...

"... If POs were also allowed to record all interactions with the public"

You already are.

1/13/2012 08:41:00 AM

No, you aren't. Read your general orders once in awhile.

1/14/2012 11:37:00 AM  
Anonymous Anonymous said...

I would have no problem with this...

If POs were also allowed to record all interactions with the public

1/13/2012 01:14:00 AM

I agree. I wholeheartedly support the right of the people to record public business. That applies to the police also. It would probably help the police more than anyone else.

1/14/2012 02:05:00 PM  
Anonymous Anonymous said...

Small recording devices are not going to be uninvented, so police need to be focused on how they can make audio/video recording work in their favor. Officers should embrace the opportunity to record every interaction with shitheads, so as to better inform the public as to what the job entails. This way when some scumbag claims the cops beat him, the ENTIRE video can be released which will show him doing everything he can to provoke a beating and thus negate the ghetto lottery payout he was hoping for.

1/14/2012 03:30:00 PM  
Anonymous Anonymous said...

"I am curious who Rep. Nekritz would call if some horny fat thieving homicidal bastard was breaking into her house at 2am to attack her and her family?"
---------------------------------
Either ServPro or nobody, depending upon whether they own a gun and know how to use it.

Police have no legal duty to protect individuals.

Police have no legal liability when they fail to protect individuals.

Police have virtually no physical ability to protect individuals.

Cops aren't Doctor Who. You can't keep going back in time until you get there soon enough.

If you aren't willing and able to protect yourself, you're not going to get protected at all. Anybody who tells you different is lying.

That's why the Supreme Court rammed Daley's gun ban up his ass.

1/14/2012 05:58:00 PM  
Anonymous Anonymous said...

Cha-Ching ...

------

Woman acquitted in eavesdropping case files lawsuit against Chicago police

By Andy Grimm Tribune reporter

11:50 a.m. CST, January 14, 2012
A woman who in August was acquitted of eavesdropping charges against Chicago Police officers has sued the city, claiming her arrest and prosecution violated her civil rights.

Tiawanda Moore, 21, was found not guilty last summer of violating Illinois' strict anti-eavesdropping laws when she used her Blackberry to secretly record two Internal Affairs officers as they allegedly tried to discourage her from filing a formal complaint against a police officer who had groped her.

1/14/2012 09:18:00 PM  
Anonymous Anonymous said...

I would love to record the politician that is proposing this, I am sure they would be first to be found guilty of corruption and doing shady stuff. Amazing how politicians forget history. Fakes all of them.

1/14/2012 10:49:00 PM  
Anonymous Anonymous said...

(720 ILCS 5/31‑8) (from Ch. 38, par. 31‑8)
Sec. 31‑8. Refusing to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend; or
(b) Preventing the commission by another of any offense, commits a petty offense.

1/14/2012 10:51:00 PM  
Anonymous Anonymous said...

720 ILCS 5/31‑8. refusing to aid a peace officer.. good to know your ILCS

1/14/2012 11:01:00 PM  
Anonymous Anonymous said...

Police have no legal duty to protect individuals.

Police have no legal liability when they fail to protect individuals.

Police have virtually no physical ability to protect individuals.

+++++++++++++++++

Finally someone who has studied upon being a police officer.

Thanks

1/14/2012 11:07:00 PM  
Blogger Unknown said...

The illinoiscorruption.net has issued an informational video and a press release, to help the media and the general public in the upcoming oral argument at the Illinois Supreme Court hearing in Annabel Melongo’s eavesdropping case. The hearing is scheduled for January 14th, 2014, at the 18th floor of the Michael A. Bilandic Building, 160 N. LaSalle Street, Chicago at 9.30 am.

Video: http://www.illinoiscorruption.net/common/video-pressrelease.html
Press Release: http://www.illinoiscorruption.net/common/pressrelease.html

Please support this cause. The Illinois Eavesdropping law at its very core creates a two-class legal system wherein the conversations of the powerful and well-connected are protected to the detriment of the less powerful. The upcoming oral argument presents a unique opportunity for the common citizen to re-establish that legal balance that will unequivocally establish a right to record public officials in their public duties.

Therefore, please contribute to this all-important hearing by either attending it, writing about it, spreading the word or just forwarding the below video and press release to anybody who might be of any help.

1/05/2014 11:55:00 PM  

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