Cell phones could make us all felons

Illinois' eavesdropping laws are interesting to say the least. With the proliferation of cell phones and other portable electronics, every stop by a police officer now  has the potential to make a citizen subject to a Class 1 felony. House Bill 2018, which died in committee, tried to make an exception for motorists who are stopped by law enforcement as part of their official duties. But that isn't the only eavesdropping trap for the unwary citizen. A downstate auto mechanic with no prior criminal record is awaiting a May trial in Robinson, Illinois, on four Class 1 felony counts. The mechanic  allegedly violated Judge Kimbara Harrell's right to privacy as she conducted a public proceeding  (ordinance violation) against the mechanic in open court that the mechanic allegedly recorded.  (Court rules also prohibit recording; no idea why the mechanic was not cited for contempt of court. Read more about it here.) Nor is there any right for a middle-school or high school student to record any proceeding while visiting the General Assembly without violating the eavesdropping law. The General Assembly exempted itself from the Open Meetings Act in this regard. Interesting legislative determination of who is at risk under these laws and whose alleged right and expectation of privacy is to be protected.
Posted on March 23, 2011 by James R. Covington
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