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Eavesdropping law ruled unconstitutional


Mr. Fife

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http://www.chicagotribune.com/news/local/breaking/chi-judge-rules-eavesdropping-law-unconstitutional-20120302,0,4122460.story

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.

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Does this apply to the whole state right away, or do we need something from the IL Supreme Court before we can record our interactions with police?

 

* I harbor no ill will towards LEOs in general. There are some really great ones out there, but there are some bad ones too. I would rather be able to record the encounter as an impartial witness. I am NOT bashing the cops. *

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Please note this only means that ONE circuit judge in Cook County ruled the law unconstitutional. His ruling has NO bearing over any other judge in the State--including Cook County. So please don't go out and starting audio recording the police, or else you will find yourself in jail charged with a felony. Wait until the Appellate Courts take it up!!
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Excellent. This follows news from Wednesday or Thursday that a local prosecutor would refuse to charge a man under the statute.

That must be a brave prosecutor because I have never heard of one to state that he would not charge agravated UUW to a FOID holder. The misdemeanor UUW is a whole different ball of wax.

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"Judge Stanley Sacks, who is assigned to the Criminal Courts Building, found the eavesdropping law unconstitutional because it potentially criminalizes "wholly innocent conduct."

Hmm, isn't carrying a loaded firearm when I have no criminal record and no intent to harm anyone "wholly innocent conduct" as well? Of course the judge wouldn't see it that way. rolleyes.gif

 

After all, as we've discussed here, you can carry any sized knife you like, unless you intend to harm someone, then it was illegal to carry it if it was 3" or longer.

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So what does this mean?

 

you can't be charged for video taping/recording cops

 

They never should have allowed the Chicago cretins to am this through the House and Senate anyways

 

Typically they use the eavesdropping statute then heap the "disorderly conduct," catch-all law on top of that.

They will usually let you plea out on the eavesdropping, pay the fine and get court supervision on DC. Again... it's about money.

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Please note this only means that ONE circuit judge in Cook County ruled the law unconstitutional. His ruling has NO bearing over any other judge in the State--including Cook County. So please don't go out and starting audio recording the police, or else you will find yourself in jail charged with a felony. Wait until the Appellate Courts take it up!!

 

That sort of answers my question. So, what do we have to do to get this settled for the entire state?

 

It doesn't even affect all of Cook County?

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Please note this only means that ONE circuit judge in Cook County ruled the law unconstitutional. His ruling has NO bearing over any other judge in the State--including Cook County. So please don't go out and starting audio recording the police, or else you will find yourself in jail charged with a felony. Wait until the Appellate Courts take it up!!

 

That sort of answers my question. So, what do we have to do to get this settled for the entire state?

 

It doesn't even affect all of Cook County?

 

 

The Illinois Supreme Court would have to rule the statute unconstitutional or the legislature would have to repeal it.

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Typically they use the eavesdropping statute then heap the "disorderly conduct," catch-all law on top of that.

They will usually let you plea out on the eavesdropping, pay the fine and get court supervision on DC. Again... it's about money.

 

"Disorderly conduct", a Police Officer's way of never having to say "I was wrong".

Mike Royko

 

When this gets dragged through the courts and rule as it should the bad cops will still use the DC charge to bully people into submission.

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