Originally posted by: BigJ
Originally posted by: josepavento
Originally posted by: BigJ
Originally posted by: josepavento
Yes, there are eavesdropping laws in most states as well as federal eavesdropping laws. Eavesdropping implies that an individual has a reasonable expectation of privacy. When I make a phone call, I expect it to be private. When I talk to my roomate, inside our condo, I expect it to be private. When I go to a publice place like a theme park, my reasonable expectation to privacy is almost zero. Under your logic, a mother and father aren't allowed to video tape their kids soccer game? They might get video and audio recordings involving everyone at the game. Are the parents doing something illegal? What if a police officer walks by, and his voice is on the video tape? Is it illegal now? Everyone is in public, talking in public, at a level audible enough for everyone around to hear them, yet they have a right to privacy?
I'm sure that we have all seen video clips on CNN or Fox News. Cases where police officers are video taped abusing people comes to mind. There is audio too. If this is illegal, how can they show them on national television and not get in any trouble?
I'll go look for some case law.
See edit. Illinois is one such state in which a conversation does not need to be private to be protected.
Making a blanket statement that it is legal to video tape police officers was, in fact, incorrect. In Illinois it can and will get you arrested. In other states, it depends on their law. Which is why I said you should consult your state laws, instead of making a blanket statement like you did.
Show me case law, that has gone through the appeals process that backs up your claim. Don't link a case, that hasn't even gone to trial yet. Just because a state has a statute, doesn't mean it would stand up in the appeals courts. That is one reason we have appeals courts after all...
See these cases from Sources under the 2nd link I provided:
Sources
720 Illinois Compiled Statutes Annotated Sections 5/14-1 to 5/14-3, 5/14-4, 5/14-6 (1997); Cassidy v. ABC, 377 N.E.2d 126 (Ill. App. Ct. 1978); People v. Wilson, 554 N.E.2d 545, (Ill. App. Ct. 1990); People v. Barrow, 549 N.E.2d 240 (Ill. 1989); People v. Britz, 541 N.E.2d 505 (Ill. App. Ct. 1989); People v. Gervasi, 434 N.E.2d 1112 (Ill. 1982); People v. Shinkle, 539 N.E.2d 1238 (Ill. 1989).