Can I record while in police custody inside a police station in Illinois or is it a violation of the eavesdropping statute?

UPDATED: Oct 1, 2022

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Can I record while in police custody inside a police station in Illinois or is it a violation of the eavesdropping statute?

My juvenile brother and his friends were
arrested in Illinois for curfew. While
in the police station in protective
custody he took pictures and video with
his cellphone of the police officer
speaking with them without the officer
knowing. He then posted some of this to
social media with disparaging remarks
about the police officer.My brother told
me he did not see any signs that said he
could not record at the police station.
What laws if any did my brother break in

Asked on October 12, 2018 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, under Public Act 098-1142, it is a crime to record others without their consent if you do so in an inobvious or surreptitious way...such as, as you right "without the officer knowing." So your brother committed a crime and could face jail time for this.

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