Matthew David Keenan Criminal Law Blog on Lawyers.com

Under the law any recording of a
conversation or electronic communication without all parties’ consent is a
crime with some exceptions.  But if you
recorded a police officer, prosecutor, attorney general or judge, the charges get
kicked up a notch.

            Illinois
law defines eavesdropping as knowingly and intentionally using an eavesdropping
device to hear or record a conversation even if the conversation was in public,
unless you have everyone’s consent.  Even
if you direct someone else to eavesdrop for you, or you knowingly obtain a
benefit from the eavesdropping, you can be charged with a felony.

            If you are
law enforcement, there are many exceptions to the rule so that an officer may
record you.  But if you are a citizen,
you could be in a world of trouble.  
Eavesdropping on regular citizens is a Class 4 felony, punishable by up
1 to 3 years in prison.  Subsequent
offenses are Class 3 felonies, punishable by 2 to 5 years in prison. However, eavesdropping
on law enforcement in the course of their official duties is a Class 1 Felony
punishable by 4 to 15 years. 

            While these
charges are not often brought, two high profile Illinois cases have exposed the
harsh consequences of the law.  Tiawanda
Moore was charged after recording police who she believed were sexually
harassing her.  Fortunately, she was
acquitted by a jury and is now suing the City of Chicago.  Christopher Drew recorded his arrest for
selling art without a permit and is facing up to 15 years in jail.  His trial is set for this spring.  Both Moore and Drew spent time in jail after
their arrest. (See htt p://www.huffingtonpost.com/2012/01/16/illinois-eavesdropping-la_n_1208770.html
and http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/02/06/national/a124612S79.DTL&type=po litics.)

            If you are
charged with eavesdropping you should contact an experienced criminal law
attorney immediately.  Do not discuss
your case with anyone.  Any statements
you make could jeopardize your defense. 
An experienced attorney can look for weaknesses in the state’s
case.  Did the officer have probable
cause to stop you?  Did you intend to
eavesdrop?  Did you have consent?  The law itself has some exceptions, such as
if you record someone because you believe they are about to commit a
crime.  But even if the state has crystal
clear evidence against you, an attorney who is knowledgeable about the
courthouse may be able to obtain a better plea agreement than you can on your
own. 

            If you have questions about this or
another related criminal or traffic matter, please contact Matt Keenan at
847-568-0160 or  email