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It's a felony to record a cop

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  • It's a felony to record a cop

    At least in Illinois and Massachusetts, it is:

    http://reason.com/blog/2010/05/20/il...videotaping-on

    Here's where it gets even worse: Originally, the Illinois eavesdropping law did also include a similar expectation of privacy provision. But the legislature stripped that provision out in 1994, and they did so in response to an incident in which a citizen recorded his interaction with two on-duty police officers. In other words, the Illinois legislature specifically intended to make it a Class I felony, punishable by up to 15 years in prison, to make an audio recording of an on-duty police officer without his permission.

    Given the spate of recent stories about cops in Chicago caught on video misbehaving (some of whom were subsequently held accountable only because of the video), the legislature's already-awful-when-it-passed 1994 amendment hasn't aged well.
    The chance of this getting overturned is small:

    I suspect most state officials know this law is unconstitutional. While several people have been charged under the statute for recording public officials, I've so far been unable to find anyone who was actually convicted, much less had a conviction upheld. (If you know of someone who has, please email me!) Prosecutors tend to either drop the charges or offer a plea bargain before the case gets to trial. It isn't difficult to see why someone would take a misdemeanor plea and a clean record instead of challenging a bad law and risking up to 15 years in prison and a felony record if they lose.
    Dude, seriously, WHAT handkerchief?

    snooggums' density principal: "The more dense a population, the more dense a population."

    Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

  • #2
    Re: It's a felony to record a cop

    This is why restricting constitutionality challenges to people who are affected isn't always the best policy. I know it lowers the rates of people filing just to get it overturned because they don't like it, but it also makes poor laws effective prior to being reviewed. The process is correct, except the Judicial branch should have an initial review of a law for constitutionality issues after the president signs it but before it goes out to the public.
    |TG-6th|Snooggums

    Just because everyone does something does not mean that it is right to do.

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    • #3
      Re: It's a felony to record a cop

      Originally posted by snooggums View Post
      The process is correct, except the Judicial branch should have an initial review of a law for constitutionality issues after the president signs it but before it goes out to the public.
      The courts have enough work to do with convicting people of possession with "intent" to sell and giving Corporations the power to buy politicians directly.


      TG-18th 18th SF Operational Detachment Delta

      If you're playing the game, be in the correct TeamSpeak Channel.

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      • #4
        Re: It's a felony to record a cop

        This is a clear example of the state acting to preserve and protect itself at the expense of it's citizen.
        Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991).
        Sometimes it is nice to live in a "liberal" state.
        You have to be trusted by the people that you lie to,
        So that when they turn their backs on you,
        You'll get the chance to put the knife in.Pink Floyd "Dogs"

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