Guy Arrested, Threatened With 15 Years For Recording Traffic Stop In Illinois
from the it-just-gets-worse-and-worse dept
With Illinois planning to appeal the Michael Allison case, in which the state wants to put Allison in jail for 75 years because he recorded an interaction with the police, it's worth pointing out that this is not the only such case in Illinois. A few people have sent over this ABC report about another guy, Louis Frobe, who was arrested and told he was facing 15 years in jail for daring to turn on his Flip cam during a traffic stop. You can see the video of the traffic stop in the news report below. Yes, note the irony: the whole thing was recorded (without Frobe's permission) by the police car camera, but the second the officer sees the Flip cam, he tells Frobe he's committed a felony and arrests him:Frobe calls it the worst experience of his life. He was on his way to a late evening movie on an August night last year when he was stopped for speeding in far north suburban Lindenhurst. He didn't believe he was in a 35-mile-an-hour zone, and he figured if he was going to get ticket he wanted to be able to document his challenge with video evidence, so he got out his flip camera, which he was not very adept at using.Yes, eavesdropping. On himself.
At one point he held it out the window trying to record where he was. When the officer, being recorded on his squad dash cam, walked back to Frobe's car, the officer saw Frobe's camera.
Officer: "That recording? Frobe : "Yes, Yes, I've been... Officer: "Was it recording all of our conversation? Frobe: "Yes. Officer: "Guess what? You were eavesdropping on our conversation. I did not give you permission to do so. Step out of the vehicle."
Louis Frobe was then cuffed and arrested for felony eavesdropping.
In this case, prosecutors eventually dropped the charges, but Frobe turned around and sued them for the arrest in the first place. The Illinois Attorney General -- who still insists there's no First Amendment right to record the police -- has said Frobe's case should be dismissed since he has no standing. Of course, this is a nearly identical fact pattern to the Glik case in Massachusetts, where the court not only allowed Glik to sue but found 1st and 4th Amendment problems with the arrest. These are different circuits, so the ruling in Massachusetts doesn't directly act as precedent for Illinois, but it certainly can be cited and discussed.
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Filed Under: free speech, illinois, louis frobe, michael allison, police, recording
Reader Comments
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Doesn't the squad car have a dash cam anyway?
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Re: Law
Yes, but the Illinois law, unlike other states with similar eavesdropping laws, actually carves out an exception for law enforcement. So the law itself says it's legal for the cops to record you without your permission, but you can't record them without theirs.
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And I agree that this is getting absolutely ridiculous. WTF is going on up there in IL?
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What about videotaping the events as they happen sound like the smell you cant get rid of?
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Why, you ask? Well, judging by your logic, you must be the kind of person that takes vacation photos after the vacation is over.
And then you think: "Gee, Paris (or some other town) sure is real pretty this time of the year. It looks just like my house!".
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Point is, why couldn't he film the place while talking to the cop? And man, how the fuck can I eavesdrop myself? No rly, I'm gonna try, should be amusing.
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My guess is the officer took his information and walked back to his squad car to write up the ticket. It was at that point that Frobe was recording the area and when the officer was walking back to give him the ticket he saw the recording.
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As usual, though, your desperation shows.
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What you smell is your own bullshit.
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The guy's "logic" was probably telling him that it's perfectly alright to do what he was doing, because if you didn't have specific knowledge of this law (and I doubt it's common knowledge), it would never enter your head that a law so stupid would exist.
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re: seems like there should be something odd about this
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Only those with something to hide.
Oh, it was the police making arrest because of the recording. Ah, you must be a terrorist because you are taking pictures or making recordings without permission from the government. He should have been arrested, yeah.
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Not familiar with Illinois law - is there some sort of exemption for police officers in the felony eavesdropping law or could cops with dash cams recording audio face this charge too?
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Priceless. I hope Illinois PD loses big time and get put back at their place.
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Only Two Citations Are Relevant
So what was the cop afraid of?
2. John 3:20(KJV)For every one that doeth evil hateth the light, neither cometh to the light, lest his deeds should be reproved.
Perhaps he(the cop) was afraid of his deed being reproved?
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http://www.federalistblog.us/2008/10/freedom_of_speech_and_of_the_press/
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If this were the case, that would be be the basis for granting the courts to make up the laws as they desire by "interpreting" the constitution to mean things it doesn't. It would throw out checks and balances all together; it would be the basis for an Oligarchy.
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Or are we supposed to stick to 18th Century methods of doing things because the Constitution doesn't say anything about television, the internet, telephones, et cetera?
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[...]
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
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[...]
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
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[...]
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
[...]
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"...so people can openly discuss or criticize government policy or conduct of public agents without fear of being charged with a seditious crime"
Let me repeat that for the cheap seats:
THE CONDUCT OF PUBLIC AGENTS WITHOUT FEAR OF BEING CHARGED WITH A SEDITIOUS CRIME.
While 'eavesdropping' isn't 'treason' or 'rabble rousing', the obvious intent of this application of the law is to control the ability of people to refute, challenge, or highlight conduct issues of public officials.
That there is any 'grey area' in this debate boggles my mind. At its root, the question is "Does a police officers' right to 'privacy' outweigh the rights of a citizen to speak out on the policies or conduct of the government without fear of reprisal,".
Considering the Supreme Court is extremely reluctant to establish a blanket right to privacy this should be a no brainer.
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Response to: Anonymous Coward on Sep 30th, 2011 @ 10:42am
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Second of all, they don't have to stretch laws to cover things well beyond the original intent, merely because they don't have a legitimate reason to arrest somebody. That's not justice, and it's not their job.
Thirdly, they don't enforce the law equally. Officers routinely let other officers (and other "important" people) off the hook for crimes that would land a normal person in jail.
Time to re-think your position.
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Sec. 14‑3. Exemptions. The following activities shall be exempt from the provisions of this Article:
(i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
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I don't think that's going to matter though. This is pretty clearly an unconstitutional application of the "eavesdropping" statute. I hope these jackass cops get hit with a huge judgment.
And one other thing--I hate how the media just comes right out and says "If you record an officer's voice without his permission, you're committing a felony." This is terrible reporting, because it's going to discourage people from doing what they have a right to do. A better way to report it would be "A few irresponsible officers seem to think that you recording them is a felony. The courts say otherwise, and [so and so] is suing some of them for $XXXXXX. [report the rest of the story]. If you're a victim of this kind of abuse, please let us know right away so we can put you in touch with a good lawyer to protect your rights."
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I would sue for at least a million bucks and take it to the Supreme Court if neccessary.PIGS will not be able to get away with this kind of BS for much longer.
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I would sue for at least a million bucks and take it to the Supreme Court if neccessary.PIGS will not be able to get away with this kind of BS for much longer.
You wouldn't do shit.
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Himmler..
Remind me never to visit Illinois; the cops are like the Gestapo there.
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Uniforms..
I think the cops are just trying to prevent someone from recording them beating the crap out of innocent people. There will not be a Rodney King incident in Illinois because videotaping the incident will be a crime and the video destroyed. Great for corrupt cops, terrible for honest people.
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One of the most ignorant comments of the day. I guess they are going to send him to the ovens for having used a camera?
FUCKING IDIOT!
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No, just to jail for 15 years! Way to completely miss the hyperbole and end with an ironic insult.
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"eavesdropping" arrest in Illinois.
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RE: Recording
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disgusting
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LONG ago, 70's to 80's
Looks as if its back again.
BACK then, as a Property owner, we lost a few RIGHTS on protecting our property.
BUT, if they uphold the POLICE rights at ANY TIME..then we can have them Arrested for infringing on OURS, in recording the Police stop, and even making the information PUBLIC/given to out insurance corp...
IF they consider police cameras, PUBLIC/PRIVATE information.
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Illinois guy gets 15 year sentence for taping cop
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The forgotten amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Did you notice that last part? Every person subject to criminal prosecution shall have compulsory process to obtain witnesses in his defen[s]e. Your sixth amendment right to compel testimony in your favor trumps any eavesdropping law on the books. This man is compelling the officer to tell the truth, and there's absolutely nothing wrong with that.
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Constitutional Rights
Having said that, turnabout is fair play.
If the authorities can record, you should be able to.
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Re: Constitutional Rights
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