Why is it still a felony to record police in some states?
CHICAGO, - This is the story of Louis Frobe, but it's also about others who have run afoul of the Illinois eavesdropping law, one of the most restrictive of its kind in the country. It requires that all parties to a conversation give their consent before you can record legally record it.
Police arrested Frobe and tried to hit him with a 15-year jail sentence for “eavesdropping” after the man filmed his own traffic stop, in another example of how citizens are being intimidated out of documenting the actions of public servants despite every single case against Americans for recording police officers being thrown out of court.
Say you take out your smart phone and you start taking pictures of police officers making an arrest. The pictures and video are allowed by law, but you must have permission before you record the audio, even if the officer is on the public way.
"I'm just an ordinary citizen. I was on my way to the movies, and all of a sudden I'm facing a felony and 15 years in prison," Frobe told ABC7.
Frobe calls it the worst experience of his life. He was on his way to a late evening movie on an August night last year when he was stopped for speeding in far north suburban Lindenhurst. He didn't believe he was in a 35-mile-an-hour zone, and he figured if he was going to get ticket he wanted to be able to document his challenge with video evidence, so he got out his flip camera, which he was not very adept at using.
At one point he held it out the window trying to record where he was. When the officer, being recorded on his squad dash cam, walked back to Frobe's car, the officer saw Frobe's camera.
Officer: "That recording? Frobe : "Yes, Yes, I've been... Officer: "Was it recording all of our conversation? Frobe: "Yes. Officer: "Guess what? You were eavesdropping on our conversation. I did not give you permission to do so. Step out of the vehicle."
Louis Frobe was then cuffed and arrested for felony eavesdropping.
The Illinois eavesdropping law has been proven unconstitutional time and time again, and yet police in the state and other states around the country with even less strict laws are still arresting citizens for filming police officers. There is no reasonable expectation of privacy in a public place – that’s why police are allowed to film citizens from dashboard cameras. However, citizens are still being told they have less rights than public servants.
http://abclocal.go.com/wls/story?section=news/special_segments&id=8370540
http://www.infowars.com/cops-try-to-hit-illinois-man-with-15-year-jail-sentence-for-recording-traffic-stop/