Eavesdropping Law Struck Down
A Cook County judge today ruled the state’s controversial eavesdropping law unconstitutional.
The law makes it a felony offense to make audio recordings of police officers without their consent even when they’re performing their public duties.
Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes “wholly innocent conduct.”
So as citizens, we can record just about anything now? Turnabout is fair play we've heard.
posted by SCC at 12:04 AM
86 Comments:
Speaking of new laws...
Indiana House Approves Bill That Allows Homeowners To Kill Police Officers
March 2, 2012
Republicans in Indiana are taking self-defense too far. In a move supported by the National Rifle Association, the Indiana House passed Senate Bill 1, which allows homeowners to shoot and kill police officers they believe are unlawfully on their property or in their homes. The bill could also extend to federal law enforcement officials.
http://www.blogger.com/comment.g?blogID=13350456&postID=7510249439169743439
Record a politician.
Vote Judge Stanley Sacks, OUT.....
So the police can record people too on are iPhones too? This was meant for the G8 summit so libtards just like this judge don't get locked up for videoing us at the protest.
Its not up to Sacks. Its up to a higher court.
Let's record a Compstat meeting and put it on You Tube!
I would love to see the judge's reply when someone asks to record a conversation with him.
Just makes cops do less. Answer your calls and make out your reports. Then put the blinders on. Obvious the people of this state don't want cops to do the job they are paid for. POS like Judge Sacks live in another world. Maybe when he gets stuck up along the way he might come back down to earth. I doubt it. Liberal assholes at work!
How about recording judges? In court? Some of them make some ridiculous rulings that need to be heard on YouTube. Sounds like "wholly innocent conduct” to me.
Does this mean I can record meetings and roll calls in the detective division? Because I guarantee you, come Monday, there is going to be a lot of shit flying. I love my Iphone.
I don't mean to sound stupid, but how can a Cook County judge rule on a state law?
Judge Sacks. Not a surprise, he was a dickhead in Juvenile court years ago. Always seemed anti police. I'd say that this proves it.
I have to agree with the judge in this matter. These tough overhear laws in Illinois seem to there for the protection of our political class. Most other states recording conversations is by consent of only one party. This applies to either in person conversations or on the telephone. What the person who records the conversations does with it might leave them open to a civil law suit. A change in law would certainly stop the " he said, she said" cases. No politician in Illinois wants to be on tape. Way too many of them lie. I do not understand the position of the FOP. Unfounded scare tactics. None of their fears have proven to be true in other states that have liberal recording laws. A new law might help in stopping some of our political corruption. Can you imagine Madigan making his secret deals when someone might have a recorder in their pocket? Can you imagine your boss yelling and cursing and threatening you when someone at roll call might have a recorder in their pocket?
Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes “wholly innocent conduct
Any relation to Sgt Sacks?
It was the right decision.
So much is taped for the benefit of the police as well as the citizens.
You tape all the 911 calls. How many times do people file lawsuits saying that the police or EMT took twenty five minutes to get to the scene when you review the tapes, it is totally different. They were there in 4 minutes.
Recording calls and events cuts both ways. Many times if an incident is recorded it proves the cop is in the right probably more times than the opposite.
Not a LEO, JAFO
Warrant??? We don't need no stinkin' warrant!
A good decision by Judge Stanley Sacks.
Im sure this will be reviewed by the appellate court..The judge is a moron..Hes been disciplined for cussing at people on the bench etc..A real nutjob!
They don't need police anymore. They have the TSA.
http://mobile.wnd.com/2012/03/tsa-to-start-fondling-drivers-now-too/
A U.S. congresswoman was alarmed to learn that blue-shirted Transportation Security Administration agents had left the airports in her native state to begin inspecting cars and trucks, as well.
“Many of my constituents discovered this firsthand this past fall, as those familiar blue uniforms and badges appeared on Tennessee highways,” writes Rep. Marsha Blackburn, R-Tenn., in a Forbes editorial titled “The TSA Is Coming to a Highway Near You.”
...
Businessweek reports the total number of TSA agents more than tripled in the last decade, from 16,000 to 51,000, while the Times further reports that VIPR teams conducted more than 9,300 checkpoints and other ops in 2011 alone.
Yet Blackburn is concerned not only with the increasing presence of the TSA, but also with the perceived power they have over Americans. For despite the fancy uniforms and tin badges, she asserts, the TSA’s transportation security officers, or TSOs, aren’t police and shouldn’t appear to be.
Many TSOs, she points out, have had less training that it takes to become a security guard, let alone a law enforcement officer, and yet they stand equipped with uniforms and badges, asserting the authority to scan, X-ray and even pat down travelers in ever-more invasive ways.
Turn around is fair play! All citizens be warned, I am going to mic myself up and record all my interactions. If a "good citizen" happens to tell a falsehood and gets a number on me I will see them in small claims court.
Chicago Police Dept. Embraces Hamas Front
The Council on American-Islamic Relations (CAIR) is exploiting recent criticism of the New York Police Department's surveillance of a Muslim students group and some mosques to acquire legitimacy and intimidate police departments to promise not to investigate Islamic groups.
CAIR has been described as a front for Hamas by federal law enforcement.
After a meeting Tuesday, CAIR's Chicago chapter announced that Police Superintendent Garry McCarthy will speak Saturday night at CAIR-Chicago's annual fundraising banquet. In their meeting, McCarthy reportedly said surveillance by Chicago police would not be used in intelligence gathering as it was in New York.
http://www.rightsidenews.info/2012030315743/us/islam-in-america/chicago-police-dept-embraces-hamas-front.html?utm_source=Right+Side+News&utm_campaign=b702e3cc95-daily-rss-newsletter&utm_medium=email
Well if you don't do stupid shit you've got nothing to worry about. Your recorded in your car anyways so who cares. The only cops who don't like this are the idiots that embarass the dept.
Does this mean we don;t need warrants anymore to collect information?
Be polite be proffessional, be prepared to kill evryone you meet.
I understand they don't like the law, it is kind of outdated, but to say it's "unconstitutional?" ... give me a break
that's the judiciary trying to be the legislature
If they can record us that means we can record them.
Democratic Rep. Elaine Nekritz's proposed bill to change the eavesdrop law would allow citizens to record police, but not the other way round. And naturally her bill also still makes it illegal to record politicians.
Because police are singled out, it might be worth noting that eavesdropping is specifically mentioned and protected against by the Illinois Constitution. Remember this if her bill becomes law and someone feels like challenging it in court:
SECTION 6. SEARCHES, SEIZURES, PRIVACY AND INTERCEPTIONS
The people shall have the right to be secure in their
persons, houses, papers and other possessions against
unreasonable searches, seizures, invasions of privacy or
interceptions of communications by eavesdropping devices or
other means. No warrant shall issue without probable cause,
supported by affidavit particularly describing the place to
be searched and the persons or things to be seized.
(Source: Illinois Constitution.)
It's been the pervasive use of video that's help to show the Occupy people to be full of it, you guys should be using video tape during the G8, this just means that people like me who are on your side won't be liable when we upload video that will show what fascists the protesters are.
They should piss test the judges I thing they smoke crack.fucken assholes
It just brings IL in line with most of the rest of the US.
OK, I am now oficially confused. I have been retired for a while and I remember that the Evesdropping statute made it a felony to record
ANY conversation without thepermission of all parties to the conversation. It did not differentiate police officers. Was that changed? If it is still as I remember it, it would still be a felony to record a PO, or anyone else, without their knowledge and permission.
Let's record everything! Including our roll calls, meetings with supervisors, commanders, IAD - think of all the interesting things that would come to light- the bosses might actually treat us with respect and a little compassion in front of a camera!
Decision limited to that particular case only. Law still good everywhere else it applies to.
I video/audio record everything I possibly can at work.
I've always been a hard charger out there. Not trying to win accolades, but just fueled by a hatred for drug dealers and gang bangers, but in this anti-police environment I think I have to do some soul searching and reevaluate the worth in the dedication I have shown to the people of Chicago and to this profession. I think it's time to crawl under a rock. Sad day for me.
This law was originally enacted to protect politicians. You can bet that they will still enforce it for them. You can record the audio of my pen as I write you a report without saying a word to you.
Seriously, start recording everything at every stop or call. Bring it up when the complaint comes. When they say it is wrong for you to record tell them about this law being unconstitutional. oh wait, you are a cop? never mind. you have no rights.
I guess that now Everyone can record Everyone. If this isn't a Red-Flag to you Coppers to be EXTREMELY careful about what you are doing [both on, AND off duty], nothing is. Don't get jammmed, do what you have to by orders, NOTHIN further. Being a Dog is far better than being unemployed, or worse, in prison. The pendulum will soon swing back in favor of the police, but only after some very, very bad times ahead. The main thing is to get to the Polling Place in November with ALL your family and friends who care about Law Enforcement Officers, and vote the current Administration out. Otherwise their might very well be Hell to pay for at least a Decade. Further, Law Enforcement as we know it may end forever. It will probably morph into a Soviet Socialist style Government Spy Agency and you will work for the Regime or not work at all. PAPERS Please, Comrad !
When I pull someone over recording me. Automatic tickets every time as many as I can possibly write. No more discretion, no more leeway. Have a nice day sir/mam!
Record a boss when they want you to "step into my office."
...Make it work for you.
So we can be video taped then why can't we video tape in court???
Wow! Now we are the city that pays! Lawsuits will go through the roof!
If you do nothing wrong, there is little to worry about.
so now any citizen can eavesdrop or record either audio or video of any onther citizen?
Good I'm glad. It's a bullshit law
How is this a bad thing?
Actually, since Sacks said the statute is unconstitutional, the case is automatically forwarded to the Illinois Supreme Court by the Attorney General's Office. Sacks is merely a State Court trial judge and really has little say in the matter.
can't wait to start recording bosses!!
is it ALL possibly part of a pre-planned breakdown of law and order to establish New World Order Martial Law to America ?
Anonymous said...
I don't mean to sound stupid, but how can a Cook County judge rule on a state law?
3/03/2012 06:17:00 AM
If I am not mistaken, this judges order only applies to Cook County and only applies if he put in a restraining order pending appeals.
The police should be more concerned about a bill pending in Springfield which gives private citizens the right to record police BUT not the police the right to record private citizens.
This is a greater problem and NOONE in CPD or the FOP spoke out against it.
so now any citizen can eavesdrop or record either audio or video of any onther citizen?
3/03/2012 02:05:00 PM
Only within Cook County borders until such time as the Appellate and Supreme Cts in Illinois hear appeals.
It also means PO's can Legally record their Supervisors and not be able to be legally disciplined since it isn't illegal to record Police Officers while they are on duty doing their Jobs but unaware of the recording.
judge rule on a state law?
3/03/2012 06:17:00 AM
If I am not mistaken, this judges order only applies to Cook County and only applies if he put in a restraining order pending appeals.
3/03/2012 04:22:00 PM
---
This just means the Il Supreme Court HAS to take it. The Il Supreme Court has MANDATORY jurisdiction when the constitutionality of a law has been called into question.
Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes “wholly innocent conduct
--- despite the fact that it is currently illegal, making it the exact opposite of wholly innocent .... WTF? Did this guy go the the Sally Struthers School of Law?
Anonymous said...
If you do nothing wrong, there is little to worry about.
3/03/2012 02:03:00 PM
Police work is ugly and dirty sometimes. I regularly tell dope boys to 'get the fuck out of here.' If that plays on the evening news, with the news crew quoting the dope boys saying they were just playing hopscotch, that makes ME look like the bad guy. Is that wrong? What am I supposed to tell the dope boys?
"Excuse me sirs, would you please exit the area?"
Get a fucking clue you idiot.
Anonymous said...
I've always been a hard charger out there. Not trying to win accolades, but just fueled by a hatred for drug dealers and gang bangers, but in this anti-police environment I think I have to do some soul searching and reevaluate the worth in the dedication I have shown to the people of Chicago and to this profession. I think it's time to crawl under a rock. Sad day for me.
3/03/2012 12:18:00 PM
Welcome, brother. I felt the same way. But you get over it. You'll actually feel a lot lighter. Don't take it so hard. Focus on the fact that you do what you do for 8 hours. That is not your life--it's what you do so that you can LIVE your life. You'll never solve the world's problems. Relax. You've done your part.
Anonymous said...
Be polite be proffessional, be prepared to kill evryone you meet.
3/03/2012 10:10:00 AM
Love it! Words to live by!
i've been carry a pocket recorder for years. the things you people say at the desk is amazing.
signed loyal to NO ONE!
Is there anything, that went our way in the last 10 years?
Just makes cops do less. Answer your calls and make out your reports. Then put the blinders on.
You miserable prick. You selfish bastard. You give two shits about the importance of your job for public safety. It's all about you. I will devote two minutes of my thinking wishing you the worst.
That law is BLATANTLY unconstitutional. The judge made the right decision. It is legal everywhere else. It doesn't cause a problem anywhere else.
Those who say the judge had no standing to make that declaration are ignorant of judicial processes. Anyone who believes the law is still in effect is a fool.
The idiot that complained about it being declared unconstitutional when it was "outdated" should go live in a dictatorship.
The idiot that said that because the law said it was illegal meant that it wasn't "innocent" should be put in a mental institution.
And, yes, it means that police can record things as well as everyone else. In fact, I am extremely suspicious of any situation where a police officer turns off a video camera; it usually means illegal activity on the part of the officer. In almost all cases, video of police interactions supports the police.
I hope a federal judge rules this idiotic law unconstitutional.
so... can't wait for McDrinky to get tagged multiple times on video/audio for being demeaning and unprofessional especially at his self stroking Compstat sessions. it won't be long & he can't help himself... he's a lout with no impulse control just like dude on the corner.
@ 10:09pm
So by your reasoning fuck the Police for becoming very unwilling to be thrown into the volcano?
Nobody really said do absolutely nothing.
Just give the public what they've screamed at the Police to give them for years... Policing strictly by the numbers.
Bland, flavorless and plain... No relish, no mustard, no seasoning.
"Taking one in the name of the people" is hazardous to a copper's freedom, career and finances.
It isn't cowardice, it's common sense. Too bad if you don't like it.
If they can record us that means we can record them.
3/03/2012 10:19:00 AM
-----------------------
You don't already??
Just about every cop in AZ, even the little one whore towns, has a mic and/or camera on him or in the car.
Working Fire and EMS calls we were told YEARS ago to assume that there is a video running.
Welcome to the 21st century.
this is friggin disgusting, how about the gang member vermin using hand helds to acquire photos of police in order to target them,
THE LAW IS THERE FOR OFFICER SAFETY, but I guess that is a bad thing for the judges, and lawyers in this shit box county that taxes us to death and is going to give us the royal screw job on our pensions,
keep voting for the democrats and see what happens, get your retirement, leave here and never look back
Anonymous said...
Record a boss when they want you to "step into my office."
...Make it work for you.
3/03/2012 12:37:00 PM
I could have used a recorder on my job numerous times, not for the police.....I've never been arrested, but for the abusive political snakes who never remember anything later on.
Anonymous said...
Be polite be proffessional, be prepared to kill evryone you meet.
3/03/2012 10:10:00 AM
i have that t-shirt.
Chalkie
I would love to see the judge's reply when someone asks to record a conversation with him.
3/03/2012 03:36:00 AM
according to judge judy, no one has to ask.
This Isn't Good! said...
Speaking of new laws...
Indiana House Approves Bill That Allows Homeowners To Kill Police Officers
March 2, 2012
Republicans in Indiana are taking self-defense too far. In a move supported by the National Rifle Association, the Indiana House passed Senate Bill 1, which allows homeowners to shoot and kill police officers they believe are unlawfully on their property or in their homes. The bill could also extend to federal law enforcement officials.
http://www.blogger.com/comment.g?blogID=13350456&postID=7510249439169743439
3/03/2012 12:18:00 AM
in response to the obamanation's move to shit all over our Constitution.
nonymous said...
this is friggin disgusting, how about the gang member vermin using hand helds to acquire photos of police in order to target them,
THE LAW IS THERE FOR OFFICER SAFETY, but I guess that is a bad thing for the judges, and lawyers in this shit box county that taxes us to death and is going to give us the royal screw job on our pensions,
keep voting for the democrats and see what happens, get your retirement, leave here and never look back
3/04/2012 12:05:00 AM
---------------
You aren't too bright. ?they could always photograph/video, just not audio. For god's sake, you're a cop. Learn the laws.
I bought a digital recorder years ago,I record everything.Better to have it and not need it,than need it and not have it.
THE LAW IS THERE FOR OFFICER SAFETY,
This comment is another example of a well meaning individual saying something that has no basis in fact. Other major police jurisdictions have lived with very liberal recording laws and none of these scare tactics have been proven. The overhear laws of Illinois are here for one reason and one reason only: to protect the political class.
Does this mean I can record meetings and roll calls in the detective division? Because I guarantee you, come Monday, there is going to be a lot of shit flying. I love my Iphone.
3/03/2012 06:15:00 AM
Don't department rules prohibit recording devices while on duty?? I bet they do.
Ever since the Rodney King bullshit in LA I've always assumed someone was recording me. As long as you act accordingly you don't need to worry about shit.
Now, when the watch commander, I mean, station supervisors, acts like an asshat at rollcall, my smart phone will make note.
State Police have been recording interactions with citizens for years (I learned this only AFTER I asked what the mic on his shirt was for - it was never disclosed to me).
I'm glad the law was struck down because the deal cuts both ways. If everyone tells the truth and shows respect, this is a non-issue. Hell, this might be a boon for you guys dealing with the lying animals. "Iz neva said dat!" "Oh yes you did!"
-Edison Park Resident
Record a boss... It gives you energy!
@ 11:36:00 AM
when the rubber meets the road, those so called "rules" (put in place only to protect the clouted bad bosses) will not pass legal muster at the end of the day.
hi boss... gimme all your money and property. sucks to be you for being recorded acting a fool at roll call. your clout will run away from you and hide.
I'm all for recording as long as camaras are allowed in all courtrooms in Illinois!
That way the public can really see the "dumb shit" and "stupid rulings" that happens in court everyday and especially in Crook County and to learn which judges to vote out of office!
Da Pelon
"Indiana House Approves Bill That Allows Homeowners To Kill Police Officers
Sounds good to me. Years ago when I worked at Bell Labs in Naperville, one of the technical supervisors talked about the night before when coppers broke into his home in the middle of the night and pointed guns at the head of him and his wife. They broke in because they allegedly had DRUGS in their home.
I hope he got himself a bunch of AR-15s and burglar alarms because quite frankly, CITIZENS are sick of being subjected to abuse.
Yeah, there is NO reason why COPS can't ring the doorbell and present a warrant, like a civilized society would.
Anonymous said...
I don't mean to sound stupid, but how can a Cook County judge rule on a state law?
3/03/2012 06:17:00 AM
If I am not mistaken, this judges order only applies to Cook County and only applies if he put in a restraining order pending appeals.
-----------------------------------
Since he is a trial court judge he can only make rulings based on cases in his courtroom. He can not change the law. He can interpret the law as unconstitutional based on cases on his call, which will then go to the Illinois State Supreme courts for changes in law if any. Plus Jydge Sacks is the most anti-police judge in that building, ask any Sheriffs Deputy. He is a real piece of shit and is very disrespectful to everyone.
Judge StanleySachs is a policve hating piece of shit and has been for years. How this puke remains on the bench is a bloody mystery. Rat bastard.
There similar cases going on in the states of Pennsylvania and Massachusetts. The federal courts have thrown out arrest of private citizens for recording with video and audio the actions of police officers. Their comments state that the media has been doing this for years and so have the police and they see no difference between their actions and those of a private citizen, everyone has a first amendment right to record in public places. So, you can see what is going to happen here in Illinois ?
This law never should have been enacted. I've been threatened with being charged with violations of it twice. I was never charged, why, because the tapes would have had to been played in court and they didn't want that. I'm all for laws that prohibit the recording of private conversations that one is not a party to but in public or on your own property you have a right to record, if you don't want to be recorded keep your mouth shut or at least mind what you say. This law was enacted to protect corrupt officials, nothing more, good riddance.
i wonder what would happen if someone were to do this in chicago ... http://www.youtube.com/watch?v=ILqc0DMh84k
Don't get too excited....
The eavesdropping law which was declared unconstitutional by Judge Sacks just made it a crime to secretly record a conversation without the consent of all parties.
The admissibility of recorded conversations into evidence is still goverened by the COH Statute which still requires a court order before the police can use what they record in trials.
The elimination of this arcane law is is long overdue.
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