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Eavesdropping law ruled unconstitutional


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#1 Mr. Fife

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Posted 02 March 2012 - 01:59 PM

On Chicago Breaking News website, can't link from my phone browser right now.

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#2 mstrat

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Posted 02 March 2012 - 02:00 PM

http://www.chicagotr...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.


Edited by mstrat, 02 March 2012 - 02:01 PM.

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#3 oneshot

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Posted 02 March 2012 - 02:01 PM

YES!

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#4 Don Gwinn

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Posted 02 March 2012 - 02:10 PM

Excellent. This follows news from Wednesday or Thursday that a local prosecutor would refuse to charge a man under the statute.


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#5 samy12386

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Posted 02 March 2012 - 02:44 PM

So what does this mean?
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#6 Bud

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Posted 02 March 2012 - 03:07 PM

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
Bud



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#7 TyGuy

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Posted 02 March 2012 - 03:30 PM

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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#8 wilessiuc

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Posted 02 March 2012 - 03:32 PM

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!!

Edited by wilessiuc, 02 March 2012 - 03:33 PM.

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#9 Xwing

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Posted 02 March 2012 - 03:35 PM

The court actually recognized (some of) our rights! About time... It was a terrible law.
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#10 Gary

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Posted 02 March 2012 - 03:37 PM

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.

#11 oneshot

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Posted 02 March 2012 - 03:43 PM

"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. Posted Image

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.

Edited by oneshot, 02 March 2012 - 03:44 PM.

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#12 TFC

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Posted 02 March 2012 - 04:02 PM

The federal courts decided this months ago, yet Illinois throws away more money to hear it again.
Wow.... just wow.
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#13 TFC

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Posted 02 March 2012 - 04:05 PM


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.

Edited by TFC, 02 March 2012 - 04:07 PM.

~If you speak of a gun as a toy, then you see medical waste as playground filler. Yes, it means you're a screwed up individual.~
~"An invasion of mainland America is unwise. Behind every blade of grass a rifle would await us"
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I predicted that Chicago/Cook county will be sold out in order to get "shall issue".
Based on the restrictions on carry in Chicago/Cook County, I was right.

...doing just enough to keep them out of Federal Court...

#14 TyGuy

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Posted 02 March 2012 - 04:10 PM

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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#15 wilessiuc

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Posted 02 March 2012 - 04:20 PM


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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#16 vezpa

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Posted 02 March 2012 - 04:48 PM

Shocked to hear a judge in Cook County using his brain. Rock On !

Edited by vezpa, 02 March 2012 - 04:49 PM.

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#17 lockman

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Posted 02 March 2012 - 07:14 PM

The statute itself has nothing to do with recording police. I believe this has more to do with your right to record any conversation of a public official in the course of their official duties or others in public or public accessible locations were there is no reasonable expectation of privacy.
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#18 KingWalleye

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Posted 02 March 2012 - 07:14 PM

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.
[/quote]

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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.