Federal Court Blocks Prosecution Of Eavesdropping Cases

By aaroncynic in News on Apr 12, 2013 3:40PM

A U.S. District judge issued a injunction on Monday which permanently prevents Cook County State’s Attorney Anita Alvarez from prosecuting people who audio record on-duty police officer in public. ABC7 reports while the Illinois Eavesdropping Act remains on the books, so long as the recording “doesn’t interfere” with officers on the job, citizens can record them in their duties.

Previously, making an audio recording (or video which contained audio) could land citizens with class 1 felony charges. Over the past two years, the law faced several challenges in courts across the state.

The ruling, handed down by Judge Amy St. Eve concerns a lawsuit brought forth by a 22-year-old resident of Hannover Park. In October 2011, Kristopher DuMelle and a group of friends were stopped by police for an undetermined reason and DuMelle began recording the encounter with his smartphone. During the incident, the officer stated this was illegal and when DuMelle refused to stop recording, wrestled him to the ground and arrested him on charges of attempted eavesdropping and resisting arrest. DuMelle then filed suit.

Torri Hamilton, DuMelle’s attorney said after the ruling:

For the people who live in this county, you can record the police, audio record the police, audio record the police when they are performing their public duties in a public place now, and with the entry of this order you can be assured you will not be prosecuted for doing so.

The People’s Law Office, who has advocated for other individuals involved in lawsuits challenging the Illinois Eavesdropping Act, said in a statement:

It is now clear that Cook County State’s Attorney cannot prosecute people for openly recording on-duty police officers in public places. Other State’s Attorney’s offices should follow suit, refusing to bring charges against anyone exercising this clear First Amendment Right…Would-be cop watchers and observers should, as always, take note that while Monday’s order may make that activity technically safe from prosecution, police may still respond negatively or aggressively to being recorded.