Crime & Traffic

Yes. In Illinois, you have the legal right to record public interactions with police. This practice is commonly known as “cop watching." It can serve Giving court documents to someone as a check on police brutality and misconduct. 

In fact, cop watching has a history dating back to the 1960's. Back then, Huey Newton and Bobby Seale taught California Law to Black Panther Party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. Members "with the purpose of protecting their communities and policing the police."^[1] 

Even though this practice is legal, a number of risks involved. Here are a few important legal concepts to ensure your safety if you decide to engage in cop watching.

Officer consent is not required for recording

Illinois is a two-party consent When someone gives permission for someone else to do something state. It means that, in some circumstances, it is illegal to record a conversation without both parties' consent.^[2] Under the original Illinois eavesdropping law, it was illegal to record police officers in public without their consent.^[3] However, in 2012, the ACLU successfully challenged this law in court. After that, they could implement a cop watching program without risking prosecution.^[4]

Two years later a new eavesdropping law was passed. The new law allows citizens to record public conversations without both parties' consent.^[5] The new law does still require the two-party consent requirement for conversations where the people involved have a “reasonable expectation” of privacy. However, this exception does not apply to on-duty A legal obligation to do something police officers performing their duties in public.^[6]

Beware police retaliation

The First Amendment guarantees the right to free speech,^[7] including audiovisual recording.^[8] Accordingly, it is unconstitutional for the police officers to retaliate by arresting someone who is recording them. However, a recent Supreme Court decision makes it difficult to hold police accountable when they do retaliate in this manner.^[9]

In order to win in a retaliatory arrest lawsuit, you must prove that, if you had not been recording the police, they would not have arrested you.^[10] 

In addition, it is harder to win if the officer had "probable cause" to arrest you.^[11] Probable cause is a reasonable basis for an officer to believe that a person is committing or has committed Includes juveniles in placement in the facility as part of a court order. a crime. Typically, these arrests result in broad charges such as “disorderly conduct An interruption of the peace, quiet, or order of a community. ” or “failure to obey a lawful order.” Thus, there will be at least some evidence Anything used to show that something is true of probable cause in most retaliatory arrest claims.^[12] If so, the only way to win is to prove that there were other people in the same situation who: 

• Did not record, and 

• Were not arrested. 

This can be difficult, because: 

• There might not be anyone else around when the event happened, and 

• Other forms of proof–such as statistical analysis or other expert opinion–could be costly and time-consuming. 

Cop watching Tips

As you can see, there are many potential risks involved in cop watching. To minimize these risks, First Defense Legal Aid compiled an “Enforce Your Rights” manual that includes: 

• Tips for cop watching, and 

• Information about police brutality lawsuits. 

Here are some tips for cop watching:

• Narrate the recording with: 
  • Specific times, 
  • Dates, 
  • Locations, and 
  • Descriptions of what the police are doing. 
• Copwatch in pairs, with: 
  • One person filming the interaction, and 
  • The other standing The right to file a lawsuit or make a particular legal claim based on how the person is affected. at a safe distance between the police and the person recording. 
• You have the right to record the police. But if they demand that you stop recording, you may do so in order to protect your personal safety.
• Record at a reasonable distance, and step back if asked. By cop watching, you are observing a police interaction to safeguard people’s rights. However, it is important not to directly interfere with the interaction or be seen as doing so.

The manual also details essential rights that you should keep in mind during any interaction with the police. For example, you have the right to:

• Leave a police encounter unless you are being detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. . You should ask, “am I free to go?” and, if the answer A written statement used to respond to the complaint or petition in a lawsuit is yes, calmly walk away from the interaction. Do not run.
• Not consent to a search. You should say clearly and firmly “I do not consent to any searches.” However, for your own safety you should not physically resist the police even with an illegal search. Otherwise, you could be charged for resisting or obstructing a peace officer.
• Remain silent in response A formal written answer to the plaintiff or petitioner's written statement to officers' questions. You should say, “I will not talk, I want my lawyer Someone who represents clients in courts or who gives legal advice ” in response to any questioning.”
• If you are arrested in Illinois, you have a right to: 
  • Consult with an attorney at the first place of custody, and
  • Make three phone calls within three hours. 

Remember that police station calls are recorded, so you should not talk about the details of the arrest. In Cook County, the Law Office of the Cook County Public Defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer has a 24-hour arrest hotline to provide for free attorneys at the police station. You can reach this hotline by calling 844-81-RIGHT or (844) 817-4448.

Cop watching is a crucial check on police brutality. It is also a necessary part of the larger community organizing struggle against police violence.^[13] We hope that this article is a helpful resource for anyone undertaking this essential work.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.