By Megan Geuss
In Cook County today Judge Stanley J. Sacks declared Illinois’ eavesdropping law—which is one of the toughest in the nation—unconstitutional in his ruling in the case of Christopher Drew, who was charged with the felony crime in 2009.
The eavesdropping law prohibits citizens from making audio or visual recordings of others without every recorded person’s explicit consent. Sixty-year-old artist Drew audio-recorded his interaction with a police officer who was arresting him for selling art patches at the side of the road. A police officer found the tape recorder and Drew found himself with a Class 1 felony charge, which carries up to 15 years in prison. “That’s one step below attempted murder,” Drew said in a January interview with the New York Times.
Illinois judge: law barring recording police is unconstitutional
Radley Balko | January 23, 2011
The New York Times reports on the Illinois eavesdropping law, which allows for a felony charge and up to 15 years of prison for people who record police officers on the job. In addition to artist Christopher Drew—whom I’ve written about before and who goes to trial in April—the article finds another person currently being charged under the law. Tiawanda Moore, 20, goes to trial next month. She too could face 15 years in prison, in her case for using her Blackberry to record her conversation with internal affairs officers at Chicago PD about an alleged sexual assault by a police officer. Moore recorded her interview after feeling her initial attempt to report the incident wasn’t taken seriously.
via Another Illinois Resident Charged for Recording Police – Hit & Run : Reason Magazine.