Legal Commentary

15 Years For Recording Your Police Encounter?

By Jeralyn

Many states only require the consent of one party to a conversation to legally record it. Some states require the consent of both parties (Think Linda Tripp and Monica Lewinsky?

Illinois takes the two party consent rule to a whole new level. For years, it has been a felony to record a conversation unless all parties agree. And, if you record a conversation with a police officer or prosecutor without their consent, it's a class 1 felony punishable by 15 years in prison.

Illinois is charging people who record their conversations with police report. The Times article tells the story of one woman who recorded her conversation with an officer when filing a complaint for sexual harassment against another officer. And another of a man who sold art on the sidewalk without a permit and taped his conversation with an officer who arrested him for the violation.

The ACLU has been trying to have the law declared invalid, to no avail so far. Other states with similar laws: Oregon and Massachusetts. Here's a handy state-by-state guide (but check to see that it's up to date on your state.)

Full post as published by TalkLeft on January 27, 2011 (boomark / email).