While the Seventh Circuit Court of Appeals continues
pondering
ACLU v. Alvarez , a case challenging the
Illinois eavesdropping statute, Illinois is considering new legislation that
would give police even more power to record suspects without their consent.
Under the
Illinois eavesdropping statute, a person cannot record
a conversation unless he has "the consent of all of the parties to such
conversation or electronic communication." Last week, the Illinois House of
Representatives passed a bill to
amend the eavesdropping law to permit
undercover cops to make audio recordings of suspected drug dealers without a
judge's approval, reports the
Chicago Tribune.
Public recordings have become a hot topic thanks to
smartphone cameras. A Pew Internet study published in March noted that almost half of Americans have smartphones, which means
there are plenty of citizen-photographers (and videographers) on the streets.
Some of those smartphone owners have used their phones to record police officers
employing questionable tactics in the scope of their duties. In several
high-profile cases, cops have arrested citizens for recording police
actions.
Last August, the First Circuit ruled that
citizens have a right to record the police openly, and
that the cops who arrest citizens for such recordings are not protected by
qualified immunity. (Simon Glik, the plaintiff in that case, recently agreed to a $170,000
settlement with the City of Boston for damages and legal fees stemming from
his wrongful arrest.) In September, the Seventh Circuit Court of Appeals
considered a similar case, but seemed hesitant to reach the same conclusion.
Judge Richard Posner
expressed concerns during oral arguments that changing
the law would allow reporters and bloggers to run amuck and enable gang
violence.
The American Civil Liberties Union (ACLU) claims that
the Illinois eavesdropping law creates a double-standard. Police can record
citizens during interactions without the citizens' consent, but citizens risk
a Class 1 felony and up to 15 years in prison for recording police.
A bill to
amend the current law to allow citizens to record audio of police officers in
public failed to pass the Illinois House in March, though two county judges have
declared the law unconstitutional, the
Chicago
Tribune reports.
The Illinois House of Representatives seems content to whittle away Fourth
Amendment rights -- keep in mind last week's amendment is an attempt to
circumvent court approval -- while ignoring First Amendment rights.
The legislature may make it easier for police to record citizens, but citizens
will have to rely on the Illinois Supreme Court and the Seventh Circuit Court of
Appeals to rule that they can record police.
Related Resources:
