: person arrested for recording his conversation with a officer?



OffThaHorseCEO
01-24-11, 06:31 PM
http://gizmodo.com/5741489/recording-a-police-officer-could-get-you-15-years-in-jail

apparently theres an eavesdropping law, and you have to let the officer know youre recording and he must consent to you recording or its illegal...

So, lets say a cop rolls up on me and wants to talk, i say "hold on i want to record this, if i may" and he says "no". can i then refuse to talk to him unless he agrees to let me record the conversation.

Kev
01-24-11, 06:43 PM
You have the right to remain silent ......

You may refuse to answer on the grounds that it may incriminate you ......

:coffee:

Kev
01-24-11, 06:45 PM
...... that may not prevent the officer from giving you a hard time, or perhaps, arresting you on some charge as a result, ....

:coffee:

Kev
01-24-11, 06:48 PM
.... but this appears to be only in Illinois .....

:coffee:

Jesda
01-24-11, 07:00 PM
Its a pretty loose interpretation of the law. I dont think a court would enforce this.

orconn
01-24-11, 08:22 PM
I am not at all surprised there would be such a law in Illinois .... without this prohibition half (or more) of the politicians and appointees would be in jail for some illegal act!

I am not sure this law is only in effect in Illinois; their are Federal laws covering eavesdropping that may well cover this activity. Subpoenas are required for government eavesdropping on individuals. The intelligence community is highly restricted as to what eavesdropping it can carryout within the United States.

So I wouldn't count on this being an unenforceable law!

thebigjimsho
01-24-11, 08:28 PM
I am not at all surprised there would be such a law in Illinois .... without this prohibition half (or more) of the politicians and appointees would be in jail for some illegal act!

I am not sure this law is only in effect in Illinois; their are Federal laws covering eavesdropping that may well cover this activity. Subpoenas are required for government eavesdropping on individuals.
A similar charge was levied against a civilian in Maryland or Delaware and he was arrested. The state supreme court smacked that down, though.

The prosecution tried to claim anti-eavesdropping laws applied. However, the state's argument in that a stop on a public road allowed use of filming all stops for the police's behalf because it was public paved the way for the smackdown and allowance of having a recording device in your vehicle at all times. Turnabout is fair play, beyotch.

Of course, each state will need its process of reversal. I wouldn't stop recording even if Illinois tries to stop it...

RippyPartsDept
01-24-11, 08:45 PM
:yeah:
and i'm pretty sure it was maryland

Ranger
01-24-11, 10:46 PM
The prosecution tried to claim anti-eavesdropping laws applied. However, the state's argument in that a stop on a public road allowed use of filming all stops for the police's behalf because it was public paved the way for the smackdown and allowance of having a recording device in your vehicle at all times. Turnabout is fair play, beyotch.
That only makes sense. If they can record (film) you without your consent, I see no reason why you can't record the conversion (on a public road) without theirs.

DouglasJRizzo
01-24-11, 11:00 PM
cops have audio/video in their vehicles and you have a right to it. they cannot prevent you from recording on your own, and attempts to do so have all failed in court. as a judge in Maryland put it "a road side stop with flashing lights is not exactly a private conversation." have your attorney find out, but so far, every attempt by a L.E.O. to arrest and prosecute a roadside recorder has ended with acquittal.

EChas3
01-24-11, 11:06 PM
There is a difference between recording and publishing. To use another person's likeness or voice in public without permission is actionable. The same recording used for your own defense falls under different rules.

OffThaHorseCEO
01-24-11, 11:09 PM
Ok so lets say I had a dedicated camera with mic in my car. Would a sticker on the rear window and one on the quarter window be sufficient notice of my intent to record? If these notices were clearly posted and the officer began to speak would he be consenting?

I know everyone said the law isnt enforceable anyway but what if

RippyPartsDept
01-24-11, 11:19 PM
the chilling effect of the fear of getting arrested even if you know you're right and will get acquitted is pretty big ...