Citizen recording improper police behavior, even out of the public eye, can’t be arrested for felony eavesdropping
Case: Moore v. City of Chicago, Dist. Court, ND Illinois 2014
What happened: Plaintiff was making a complaint about some previous improper police behavior. More specifically, she was at the police station, behind closed doors, with the two police officers assigned to investigate her complaint. During the meeting, plaintiff allegedly became concerned that the investigating police officers were saying things to improperly discourage her from continuing to pursue the complaint, so she turned on an audio recording device, specifically an iPhone audio recording program). When the investigating police officers discovered that she was recording, the two officers arrested plaintiff on two counts of felony eavesdropping and she went to jail for two weeks. Case went to jury trial and plaintiff was found not guilty of the eavesdropping charges by jury trial.
Decision: No qi for the investigating officers, Chicago Police Officers Jason Wilson and Richard Plotke. 4A case will against them will proceed to trial unless the case is settled.