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Recording Police Activity Could Lead To Jail Time

By aaroncynic in News on Jan 25, 2011 2:30PM

In Illinois, law enforcement officers can legally record civilians anytime, anywhere. But who then, watches the watchers? Even though the average citizen can have his or her actions potentially recorded thousands of times a day, law enforcement isn't subject to the same scrutiny. Some residents have recently found that attempting to keep an eye on the police has dramatic consequences.

The New York Times recently profiled two Illinois residents who recorded non violent encounters with police who could face jail time for violating the Illinois Eavesdropping Act. According to the law, doing so is a Class 1 felony, punishable by up to 15 years in prison. One woman recorded a conversation with internal affairs investigators, whom she said weren't providing assistance when she attempted to file a sexual harassment complaint against another officer. Another man recorded his public arrest in the Loop. The ACLU has challenged the act on multiple fronts, but has been shot down in court each time. Mark Donahue, president of the Fraternal Order of Police said the FOP supports the rulings against the ACLU, saying that recording officers “can affect how an officer does his job on the street.”

Though similar eavesdropping laws are only on the books in a handful of states, the attitude that any recording of police interactions “affect how an officer does his job on the street” seems to be the norm. A Maryland resident who received only a simple speeding ticket for what should be considered reckless driving had his home raided by police after he posted the video on Youtube. In New York, an NYPD officer tackled a Critical Mass rider without provocation. Had that been Illinois, the bystander recording the encounter could face prison charges.

Cops themselves have been edgy about their actions being recorded by their own cameras. While we sympathize with the desire not to be on film while we're trying to do our jobs, such an attitude makes us want to turn around the trite euphemism “if you're not doing anything wrong, then you have nothing to worry about.”