75-Year Sentence for Taping the Police? The Absurd Laws That Criminalize Audio and Video Recording

75-Year Prison Sentence for Taping the Police? The Absurd Laws That Criminalize Audio and Video Recording in America

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Just after he walked through the courthouse door the next day, Allison says Crawford County Circuit Court Judge Kimbara Harrell asked him whether he had a tape recorder in his pocket. He said yes. Harrell then asked him if it was turned on. Allison said it was. Harrell then informed the defendant that he was in violation of the Illinois wiretapping law, which makes it a Class 1 felony to record someone without his consent. “You violated my right to privacy,” the judge said.

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Man, what on EARTH is going on in recent times with this unbelievable nonsense?!? Now AUDIO recording is coming into the fray as well?

Although the title of this article could replace "Police" with "Judge", as this potential 75 year prison sentence sounded more as if the judge was issuing a personal vendetta related to him audio taping in the court room. But he was denied a court reporter to begin with, so I'm curious why, if everything was on the up and up, why they did not want any of the proceedings recorded? Sounds to me as if someone had something to hide here!

It sounds to me as if certain individuals are using vagueries in particular 'laws' to victimize, harrass, and intimidate citizens not to record their actions, thereby making sure their actions are of an honest, legal nature.

These "eavesdropping" and "wiretapping" laws that we keep seeing being used by certain factions of "authority" to PUNISH individuals whom record public servants in positions of power, ironically don't seem to hold any ground, and are in fact often entirely overlooked when the shoe is on the other foot it would seem. I.e., the illegal surveillance and wiretapping of american citizens by alphabet soup orgs, sanctioned and approved of by our "leaders" in the highest positions of power.

Double standard, much?

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(visit the link for the full news article)

these laws were put in place to protect civilians from unwanted, and unwarranted, government spying. that went out the window with the patriot act.

now they are using these laws to stifle dissent, you can't complain about tyranny if it's a crime to tape it. How many police brutality offenses would have gone unpunished if these laws were in every state? how can a judge, working in his position and a public official, expect a right to privacy? That's absurd.

I'd hardly call the videotaping or audiotaping "wiretapping" as it's done in plain sight most of the time and involves no illegal access to communications lines or equipment.
Also, isn't the courthouse a public area and the judge too a public employee? If so then as public servants they should have no need to privacy in a public building, and everything they say or do in the capacity of their profession should be a matter of public record.

The judge needs reminding that he/she is there to serve the public, not the other way around, which also applies to the police and any other taxpayer funded individual or organisation. It's called accountability!

Citizens on the jury in that case should Nullify.
That's not what the wiretapping law is intended for.

Privacy in court? court transcripts are public domain, aren't they (legal experts?)

Unless there is a gag order in place...but then again, even that is still recorded...I don't understand this at all. I think the judge is just bull----ing the defendant frankly,

In my hometown, we have had a nasty piece of work judge whom took liberal interpretations of law and hammered people repeatedly because she didn't like em or whatever..
She was not elected (she was a bush appointee) when her time was up and alot of her cases were overturned upon review.

Judges are people. Some of them truely want to be fair and bring justice, others get into the game because they want to just feel godlike and judge people they don't like, law be damned.

Judges must remain neutral and be only technical workers of the law..when they start getting personally offended or any of that nonsense (typically to make a name or when some interest has bought them off) is when they need to get off the bench.

Don't you dare to protect your rights ,why you can go to jail for that. I agree that these laws were put in place to keep invasive wiretaps under control. How long will we tolerate people like this judge perverting the law in order to prosecute a personal vendetta.

Because both towns have "eyesore," or abandoned property, rules that require inoperable cars to be either registered or kept in a garage (which neither house had, and which Allison could not afford to build), Allison's cars were repeatedly impounded by local officials. Allison sued the city of Bridgeport in 2007, arguing that the eyesore law violated his civil rights and that the city was merely trying to bilk revenues from impound fees. This apparently enraged the local police, who, Allison alleges, began harassing him at home and threatening arrest when Allison refused to get rid of his cars.

Looks like there has been an ongoing battle between this guy and the city, and the city decided to show him who's boss, and "threw the book at him".

This is becoming an all too common story in this country. S&F

What event, perpetrated on us by the authorities, will bring people out of their stupor ????

reply to post by conspiracytheoristIAM


Some people will deny the police state until the day they die.

When checkpoints are put up so you have to show your papers they will se it as the government bringing safety to the neighborhoods.

You want safer neighborhoods don't you? What's wrong with that....

Mass imprisonment, and executionsof dissenters from a predrawn up list made by trolling the ineternet....
It will all be too laughable because theyll have all these people behind the wire to watch them shoot a bunch of disabled shut ins for the most part.

I wonder what Judge Judy would say.
This is just nonsense!

reply to post by Klassified


I guess it just go's to show how blaytent (insert any powerful figure/body here) are now with their public exibition of human corruption. Nothing will come of this, the show will continue. I guess what im really saying is the fire has always been burning, it continues to get hotter over time but we can't put it out without a much greater percentage of humans wanting to live a different way.

Just a stoned man's view of this

When the legal system abuses its power to such an extent it is no surprise that people lose faith in the system. Hopefully this judge is removed before more damage is done to the system. The judge involved obviously has no regard or restraint of the power and responsibility of such a position. I am not sure of what systems are in place to help keep the legal system in check, something needs to be done.

Un-freaking believable. If the guy had asked the judge for permission to record what would the judge have told him? It sure looks like they are stacking the deck against the people. Are we going to have to bring our own stenographers to court from now on ?

Something just ain't right here. Without records of what is said in court, this man has had limits placed upon him on any appeal to a higher court because there is no legal witness to what was said in court by all parties involved. His rights to a fair trial by the judge were immediately violated by not allowing a legal record of court proceedings. Sounds like this guy needs to press on with his rights to a just, and fair trial that he is NOT getting!

Zindo

The law can twist and pevert the law anyway the want. Believe me I was convicted of distrubing the peace. I called up to find out why my debit card and my checks were being declined. After all I had more than enough to cover my transactions. It turns out the bank closed my account down a day before yet no call or e-mail to come get my money. They told me they were keeping my money. I asked if I had bounced anything they said no. I told them I needed to pay rent but the girl said she didn't like my tone.
The next thing I know they called the police in my city to come to my house. I got on the phone with a lawyer very quickly. He told me they can't convict me of disturbing the peace because I was over the telephone. The law in North Kansas City stated that disturbing the peace can NOT be over the telephone!
I did get my money back but it costs me $160 fine, community service and some reeducation class. I was able to get out of the class due to my lawyer making a better deal. Oh yeah and the lawyer costs $750! I was facing up to 5 years in jail!
It is off my record but they did everything they could to twist the facts in my case.
75 years seems way to steep I hope it gets appealed. The government/businesses are drunk with power.

I have a feeling this judge just put the last nail in his coffin. When this news spreads around a little and the people above him get bombarded with complaints his career will be over. Hopefully he can join the other criminals that have gone through his courtroom in jail.

Originally posted by kwakakev
When the legal system abuses its power to such an extent it is no surprise that people lose faith in the system. Hopefully this judge is removed before more damage is done to the system. The judge involved obviously has no regard or restraint of the power and responsibility of such a position. I am not sure of what systems are in place to help keep the legal system in check, something needs to be done.

I wouldn't count on the system checking itself.

In fact outrageous penalties for vague infractions like these are usually used as a 'bargaining' position by the state.

"Take the 2 year deal on the original primary charge, or if you insist on fighting us in Court, then we are adding the illegal wire tapping charge that could carry up to 75 years if convicted".

The other favorite extortion trick is the 'up to' number, where the 75 year penalty is reserved for someone will 11 prior felony convictions with the person who did it for the first time with no prior felonies maybe looking at 6 months to a year or a fine.

Of course when they are twisting your arm to take the 'deal' they fail to mention that little part, just that you could be looking at 75 years.

They pretty much hate anyone who excercises their right to a jury trial, and will stoop to almost anything to intimidate people into not taking things to trial.

Did you use the Court House Restroom? Oh no, that's indecent exposure on Federal Property you could be looking at 225 years for that!

This is how our 'let's make a deal' justice system works, where if you imagine or are actually innocent of the charges they will do their best to find one(s) that you can and will be made guilty of.

reply to post by DimensionalDetective


Lol we have already covered this man. Illinois is the last State with this draconian interperpretation of th wire tap law. The last time we talked about this, it dealt with the guy on the sidewalk who was arrested and charged for the same thing.

The ACLU is taking that case up and challenging the Illinois law, which if it ever makes it to the Federal appeals level the Illinois law will be thrown out. Illinois is in the 7th Circuit and we dont hear a lot come out of them, so this should be interesting.