Despite the fact that the Illinois eavesdropping law was determined to be unconstitutional earlier this year, police still continue to threaten citizens with felonies for recording them in public.
The Sycamore police officer was parked on the side of a busy road as the man walked up to him. The cop then stepped out of his car and the man asked him for his name.
The cop, in turn, threatened to arrest him with a felony if he did not stop recording. The man protested but when the cop threatened a second time, he stopped recording.
It is not clear what led up to the exchange, but it apparently involved the man’s father, who possibly was cited for a traffic violation or accident. Just speculating since there are no details in the video’s description.
The statute (720 ILCS 5/14-2) is unconstitutional, see People v. Melongo, 2012 WL 8016610 (Ill. Cir. Ct. July 26, 2012).
"The federal courts have declared the Act unconstitutional, and public officials have conceded the point, announcing publicly that they will not enforce it." Frobe v. Vill. of Lindenhurst, 11 C 1722, 2013 WL 5433512 (N.D. Ill. Sept. 30, 2013).
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