Man pays traffic ticket with dollar bills shaped like pigs..., page 2

reply to post by EvilSadamClone

Illinois - The last state to use wiretap laws in order to go after people who are recording them in public. About a month ago an appeals court threw the case out against the guy who was sentenced to 75 years in prison.

A second individual who was charged under the same law, and was facing 11 years, is under review and will also most likely be thrown out.

So in this case, in Illionis, its not longer illegal to record law enforcement in public.

As for knowing your rights I highly encourage it. Being a US citizen and holding the government accountible demands people be informed and be hands on in the process.

There is 1 exception people should be aware of -
If you are the subject of a traffic stop / detained you do not have an absolute right to record the police. The reason for this is anytime law enforcement stops / detains an individual / motor vehicle, the persons safety becomes the officers responsbility.

A detention / traffic stop falls under the 4th amendment (although not to the extent it does with a persons residence). When a person is detained / stopped the persons actions / movements can be curtailed. If you are the driver of a vehicle that has been stopped and you are recording the officer can legally tell you to stop and to put the phone / recorder down.

Why?

The reason for a stop is a potential law violation. If the violation is confirmed and the officer issues a citation, he / she is required to explain the citation, including court date and other pertinent info to you. If you are recording your focus is on the officers actions and not his words, which means you could miss something relevant the officer said that can bite you in the ass later in court.

Just use common sense and by all means communicate with the officer.

As an example I have had people I stopped wanting to see my radar unit. IF the area is safe (light traffic / no traffic / pulled into a parking lot) I ask the individual -

* - Are you asking to see the radar or are you demanding to see the radar?

In all the situations they have always asked and in most of those situations ive allowed it.

As they say there is a time and place for everything.

*Some agencies as a matter of policy do not allow a person to come back to the officers vehicle to see the radar unit. They cite subject safety as the reason and its a valid one.

edit on 16-9-2012 by Xcathdra because: (no reason given)