RECORDING THE POLICE DURING AN ARREST OR TRAFFIC STOP IN ILLINOIS?

As a general rule Illinois law prohibits anyone from recording a conversation or interaction without consent from all parties involved.

The eavesdropping statute, does however seem to carve out a specific exception as it relates to recording a law enforcement officer who is acting in his official capacity.

The statute says specifically “Nothing in this Article shall prohibit any individual, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a public place or in circumstances in which the officer has no reasonable expectation of privacy. However, an officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.”

So while nothing is ever certain and each case depends on the specific facts at hand it would seem that the Illinois legislature intended to make it legal to record a police officer even without his/her knowledge or consent in a situation where the officer is on duty or acting in his official role as a police officer.

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