I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping.
Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s subjective expectation that the conversation is public or private does not matter. Any conversation that is recorded without consent can be the basis of an eavesdr0pping charge.
Eavesdropping is a Class 4 felony with a possible penalty of 1-3 years prison. I defended a client who was charged with eavesdropping for recording a conversation with police officers.
A colleague of mine said it best:
“You know that you live in a police state when it is a crime to try to prove the police are wrong.”
Click here to read the story. Note that you can hear my answers in audio by clicking on the quotes.