A 42-year old Illinois man named Michael Allison is facing 75 years in prison for recording video of police. This, of course, just days after the 1st District Court of Appeals upheld the right to record police actions in public in Glik v. Cunniffe.
Michael Allison recorded video of Illinois police visiting his mother’s home to investigate his unregistered vehicles. Allison recorded the police without their consent while they fined him and impounded his vehicles. Now he faces 75 years in prison for these videos as well as those recorded at a court proceeding related to the case.
And Allison is being prosecuted under archaic laws governing eavesdropping on police. Each of the five counts of eavesdropping would bring him 15 years, as it is a class-one felony in Illinois, which puts Allison’s actions in league with rape.
Of course, police are free to videotape citizens at will.
This has all happened amidst a trend of citizens armed with smart phones recording video and audio of police arrests and encounters. Rochester, New York citizen Emily Good was arrested for videotaping a police arrest outside her home, even though she was on her property (because the officer Mario Masic felt threatened). And, of course, OpenWatch released CopRecorder and OpenWatch Recorder to monitor police encounters.
And on August 26th, in the case Glik v. Cunniffe, U.S. 1st Circuit Court of Appeals issued a resounding and unanimous opinion in support of the First Amendment right to record police actions in public.
Simon Glick had been arrested on October 1, 2007 for videotaping police officers arresting a suspect on Boston Common. He was videotaping the police action because of perceived police brutality, and, like Allison, suffered under the boot heel of an old wiretap law—a law that was never written to govern such citizen action at all.
At least these people are not armed with guns; but as they say, information is power.
To that end, Illinois, like many other states, has sought to apply old eavesdropping and wiretapping laws to new electronic devices like the smart phone.
As Allison told NBC News 2 affiliate’s Patrick Fazio in Illinois, “To call what I did a crime is ridiculous.” Fazio, to his credit, seems to have taken up Allison’s cause and heaped some scorn on the Illinois Attorney General, saying, “The State of Illinois considers it so serious, that the Assistant State Attorney General appeared at today’s court hearing.”
Fazio notes that journalists are exempt from laws prohibiting videotaping of on-duty law enforcement officials while at public hearings, but can still be arrested if they don’t obtain permission from police officers before filming.
Illinois House Republican Chapen Rose actually attempted to introduce legislation that would have overturned the application of eavesdropping and wiretapping laws to smart phones, claiming it can be of benefit to prosecutors as well as defendants.
In a follow-up interview with Fazio, Allison stated, “If their statute says that it was illegal, then their statute is unconstitutional,” and violates seven amendments of the U.S. Constitution: First Amendment — Free Speech; Fourth — Unreasonable Search; Fifth — Due Process; Sixth — Speedy Trial; Eighth — Unusual Punishment; Ninth — Guaranteed Rights; and Fourteenth — Equal Protection.”
Allison has refused a plea deal, hoping that his case will help overturn the application of the law in Illinois and in other states.
Michael Allison is being represented by the ACLU.
September 02, 2011 at 1:17 am, Janie Huey said:
really u have to be kidding me find soething other to do omg
September 02, 2011 at 1:17 am, Janie Huey said:
really u have to be kidding me find soething other to do omg
September 02, 2011 at 1:34 am, Anonymous said:
It is very simple. Those states which use wiretapping laws to WRONGFULLY persecute citizen of their right to videotape police are Police States. It is obvious that they need to cover up wrong doing. If any officer arrests someone for videotaping any officer, including himself, that is admission of wrongdoing and evidence tampering.
Wiretapping:
1. an act or instance of tapping telephone or telegraph wiresfor evidence or other information.
2. to obtain (information, evidence, etc.) by tapping telephone or telegraph wires: to wiretap conversations.
3. to listen in on by means of a wiretap: to wiretap atelephone; to wiretap a conversation.
In the above definitions, do you see any mention of videotaping????? The wiretapping laws were legislated long before anyone had even heard of videotaping. Wiretapping usually refers to a clandestine eves dropping on other people’s conversations without their knowledge. To accuse someone of wiretapping in broad daylight while videotaping police while on duty is NOT wiretapping. Anyone who says so is a liar. All those states who use wiretapping laws to prevent people from videotaping them are crooked and are wilfully trying to deceive the public in regards to their criminal actions. It is much harder to dispute a video tape. This was proven in the Rodney King civil lawsuit where the jury wasn’t stacked in favor of the police. Normally the police rely on their word against the defendant which by precedent has worked the majority of the time. Videotaping takes away that advantage.
September 02, 2011 at 9:36 am, Richard Fisher said:
I completely agree. Most NOT all police officers are crooked as hell. You are correct in most if not all circumstances it is police’s word against defendant. Video tapping takes away that unfair advantage as you stated. This really makes me sick… Great Post!
September 02, 2011 at 2:29 am, Anonymous said:
I would expect something like this from China, Russia, and the Peoples Republic of Illinois. Illinois is so corrupt we closed down two business’s, and relocated to Florida.
September 02, 2011 at 7:52 pm, Tander98 said:
Yeah, Florida is much better. When people committ horrible crimes in Ohio they always seem to flee to Florida.
Seriously though, you’re not really blaming the entire state of Illinois because of the actions of police and prosecutors in one town or county are you?
September 02, 2011 at 8:32 pm, Wcd848 said:
I don’t blame the police or the prosecutor, I blame the state of Illinois whch is only one of four states which allows police to arrest someone for documenting police corruption. Illinois is conrolled by the corrupt Chicago machine which just pushed through a 67% state income tax, has union thugs collecting $100,000 annual pensions, and is the only state that doesn’t allow its citizens the right of CWP.
September 02, 2011 at 1:50 pm, Lakeshore Property said:
The key is to tape them without them knowing it, then send it to the local police department along with the cop car number
September 02, 2011 at 1:50 pm, Lakeshore Property said:
The key is to tape them without them knowing it, then send it to the local police department along with the cop car number
September 02, 2011 at 3:47 pm, Cpt A J Reed said:
Good for him! I hope that more people will start recording our public servants, as employers I know that we have the right to record our work force.
September 02, 2011 at 7:50 pm, Tander98 said:
Not without their knowledge you don’t. Furthermore if it is a union facility, the NLRB has ruled time and time again that videotaping employees is a subject of mandatory bargaining becuase it amounts to a change in working conditions.
September 02, 2011 at 3:47 pm, Cpt A J Reed said:
Good for him! I hope that more people will start recording our public servants, as employers I know that we have the right to record our work force.
September 02, 2011 at 3:47 pm, Cpt A J Reed said:
Good for him! I hope that more people will start recording our public servants, as employers I know that we have the right to record our work force.
September 02, 2011 at 3:49 pm, Guest said:
it’s better to set up a sniper’s nest and gun those bastards down when they come to steal what is not theirs. he’d get less time, i’m sure.
September 02, 2011 at 7:57 pm, Bas7817 said:
You advocate ambushing and killing police and 3 people “like” this! May you all rot in hell.
September 02, 2011 at 6:01 pm, Been Railroaded said:
No big surprise that it’s the Illinois “police state” doing this. I’ve lived here most of my life, and Illinois has the most numerous and oppressive laws and policies anywhere I’ve ever been. There are more laws here in general, period, and definitely higher fines, etc. for them. The state (individual municipalities are even worse) treats its unfortunate citizens like rolling ATM machines that they hit for cash whenever they please. Ever see that old drug abuse commercial? “I do cocaine so I can work more… so I can make more money… so I can do more cocaine… so I can work more…etc” Thats the Illinois law enforcement strategy — write more tickets… so we can make more money…. so we can hire more cops… so we can write more tickets… so we can make more money… so we can hire more cops… and so on. A ridiculous, unnecessary and self-defeating policy that drains scarce public resources to stock-up on police to combat ‘crime’ that doesn’t actually exist… Cops today aren’t even really cops anymore – real cops bust real criminals… these guys are just ‘revenue agents’ with a badge, shaking down the people they are paid to protect. They couldn’t care less what you’ve done wrong – they just want the money from the largest fine they can attach to it. It’s not even close to being about ‘justice’ anymore, ESPECIALLY in Illinois.
September 02, 2011 at 7:54 pm, Tander98 said:
I’ve lived here my entire life, alll 40yrs and I think you’re full of $hit.
September 02, 2011 at 8:23 pm, TIMEFORACHANGE said:
x-cop?…lol
September 02, 2011 at 8:23 pm, TIMEFORACHANGE said:
x-cop?…lol
September 05, 2011 at 4:43 pm, Rabid_robotz said:
bacon!
September 15, 2011 at 12:54 am, Marquisew said:
An I think ur a faggot for saying he’s full of shit. U must be one of those rich bitch ass republicans.
November 03, 2011 at 4:44 pm, guest said:
A republican tried to change the law, where were the Dems that you want?
September 02, 2011 at 8:24 pm, Makin1952 said:
Little overboard on your assumption that cops are hired for harrassing law abiding citizens. If you have an security emergency they will be the first you call. I wont justify the mindset of cops who think its them against the world and we are really criminals that haven’t been caught. But police assistance have helped me on more than one occassion. I have a video camera focused on my car which had several acts of vandelism to it, but none since installing the camera. However, I have videod two drug chase bust by police. One even noticed the camera and appeared to be telling the other officers there was a camera watching. Yes, I live on a deadend drive and it attracts such type of people whom have run out of road.
September 02, 2011 at 6:21 pm, Chuck said:
The only reason cops would not want to be video taped is if they are afraid of being caught doing something immoral or illegal. If they are performing their duties as they should then they would have nothing to fear. Every such law in this country should be challenged and every politician who or official who support such laws should be voted out of office or otherwise removed. This is not China and such laws have no place in the US.
September 02, 2011 at 8:47 pm, Christopher Kidwell said:
That is the bottom line here….. the cops would NOT protest against being videotaped if they didn’t have anything to hide!
September 02, 2011 at 9:42 pm, Trgspears said:
chuck
how would you like you to be videoed by anyone at any time that could edit and only share what they wanted…you are a person who is one who yaps but contributes little…I suggest that you pull a shift and experience the mean and nasty reality of dealing with criminals and smart a$$es for a living
September 02, 2011 at 10:32 pm, burt said:
and you think there arent corrupt officers out there? this law is a big reason why officers get off with just a slap on the wrist for clearly violating US tax payers constitutional right. We should all have a right to record if they can do the same. especially on your own property. No one should go to jail for this.
September 03, 2011 at 1:22 am, Malcolm Todd said:
You know what YOUR problem is? You view the public as criminals and smartasses. I’m glad you don’t work around my neck of the woods. Cops like you are a disgrace!
September 03, 2011 at 1:20 pm, GWashington said:
Are you kidding me you moron. How do you think every police stop with cameras in there car, and just cameras on the street can be done? When you are in public there is no privacy. People like you need to go back to school and learn the law. Police don’t want to be recorded so they don’t have their criminal action caught on tape. This is still America.
September 04, 2011 at 12:39 am, Emma Marie said:
I agree 100% local agencies are putting up cameras at
traffic lights, high crime areas, everywhere. Not to mention pulling footage
from local business cameras like security or ATM’s. Not to say that all of the
above are a bad thing, I like knowing there is a camera at the ATM &
businesses if I get robbed or my card is stolen it’s great evidence. But there
is evidence that shows having cameras at stop lights exclusively to catch
traffic violations is not cost effective. It is crowding the traffic courts
costing more money than is brought in by the tickets. Not all cops are bad but
I do want to know about the one’s that aren’t. Because of security cameras they
had to drop charges against a man in a wheelchair when a security camera showed
police planting narcotics on him. BTW it has also helped cops who are innocent against
abuse and other claims. I have a hard time believing our forefathers would
approve of wire tapping laws being use against citizens documenting interaction
with the citizens who pay their salary. You can’t have it both ways either
there isn’t a right to privacy in public or there is.
September 03, 2011 at 3:51 pm, YouMadBro said:
They are public servants you stupid fuck. Also it’s been proven over and over that police officers are corrupt and break the law they are there to enforce in the first place.
The reason people want to record it IS BECAUSE police officers are out of line.
This is not something random, go look at multiple cases where officers will bullshit and lie and get owned by video evidence.
September 02, 2011 at 7:15 pm, Rick said:
This practice is DISGUSTING. The public has every right to report and record the public activities of their civil servants while they are on the job. It is SO obvious what these cops are worried about as it so easy to be abusive when you have a gun and a badge, in that order. Many cops are THUGS WITH BADGES. Many, not some. I think rigerous pshy testing hould be administered to all those who want to carry a gun and a badge. There are to many former school bullies on the forces. What a great place to work if you like pushing people around. “To protect and serve”, what happened to that standard or do they think it’s themselves they’re supposed to protect and serve?
September 02, 2011 at 8:24 pm, Don said:
I think all cars should come with video cameras. when you get pulled just hit the on button!! Cops should be accountable like everyone else. Their cameras are running when they’re chasing or pulling you over.
September 02, 2011 at 8:34 pm, Katie said:
Here’s the trouble with cops being the only ones that can video. When they do something wrong and are called on it, the footage gets “lost” or the camera “malfunctioned” and we never see it.
September 02, 2011 at 7:40 pm, Margaret Savage03 said:
Many years ago I saw a TV news report of police brutality in Philadelphia. The Philadelphia Police were famous for this type of thing and this time it was caught on film. I thought to myself at that moment that it would be great thing if EVERYONE could carry cameras solely for the purpose of exposing this type of police state action.
Illinois should strike this archaic law immediately and drop the charges against this man.
September 02, 2011 at 7:44 pm, Ksaldutti said:
I promise
to take video and pictures of police while they are on duty anytime for any
reason just because I want to. It is lawfully to do so anywhere in the united
states including Illinois.
Illinois
justice system can go straight to hell. We are sick and tired of public servants
such police believing they are above the laws. They are not and they must and
will face time for disobeying our constitutional rights.
September 02, 2011 at 8:18 pm, TIMEFORACHANGE said:
What do you expect from a bunch of paid mercenaries who run your streets anyway THEY want to. You have no rights. When they say jump you better do it or they beat the hell out of you. its a fine line between cop and criminal very thin thats why they dont want anything taped cause they would get their ass busted and they would have to follow the rules like everyone else. Dont hold your breath!!!!!
September 02, 2011 at 8:19 pm, coapex said:
I think the law should be respected, but lets not forget that freedom is the most a human can hope for. Unlease you are dangerous to the society a 75 years punishment sounds to ridiculos. Next time you take the video of a police officer, remember to kill hem, you will be punish equivalently.
September 02, 2011 at 8:21 pm, Jamesgk100 said:
I think Tander has blindfolds on.
September 02, 2011 at 8:21 pm, Jamesgk100 said:
I think Tander has blindfolds on.
September 02, 2011 at 8:39 pm, Anonymous said:
& I was going to take a picture of a Chicago Police officer sleeping in his ‘marked’ car at the park
~sigh~
September 02, 2011 at 10:11 pm, Foxgolf3000 said:
people please fight for our freedom
Police should protect people and not act as a ruler who can throw anyone they dislike to jail
September 02, 2011 at 10:38 pm, Anonymous said:
Hard for me to believe the ACLU is helping someone I consider worthy. Am I just getting old or are they getting relevant?
September 03, 2011 at 4:47 am, Anon Amos said:
sooooooo… technically I can walk around with a video camera and record the police all day as long as i dont do audio:)
September 03, 2011 at 10:20 am, Anonymous said:
A recent ruling in the U.S. 1st Circuit Court of Appeals, Glik vs Cunniffe, unanimously agreed that recording public officials is an essential 1st Amendment right, and is in the capacity of law-abiding citizens to hold public officials accountable by recording devices. Shame on the Illinois police department for their cowardly act in trying to protect abusive police officers. I have the utmost respect for citizens like Michael Allison who refuse to fold under intimidation, and fight to protect our rights. My metaphorical, online hat goes off to you, sir.
September 03, 2011 at 5:49 pm, Pastor Jim Osborne said:
Good. The man is actually getting a slap on the wrist. He broke the law and if you do the crime, you gotta do the time. How do we know he wasn’t a terrorist recording police methods for espionage purposes???? If you REALLY support Freedom, you’ll support throwing the book at this criminal scum.
September 04, 2011 at 4:45 pm, Kochmax said:
Hey false religious pastor Jim. You are a dangerous man. The fact that people follow you is terrifying. You sir are a terrorist against freedom and individual liberty.
September 03, 2011 at 5:50 pm, Seasprite_poet43 said:
All public servants swear an oath of office to either state or federal constitutions or both. If public servants are upholding their oath being recorded shouldn’t be a problem.
September 03, 2011 at 9:01 pm, bigred said:
Wcd848
are you serious ? Wow, where did you get your accounting degree? Nice investigative work there buckwheat
September 03, 2011 at 9:01 pm, bigred said:
Wcd848
are you serious ? Wow, where did you get your accounting degree? Nice investigative work there buckwheat
September 04, 2011 at 7:18 am, Anonymous said:
Our police state is destroying America…
September 04, 2011 at 3:02 pm, Anonymous said:
So if I use a video camera, or iPod Touch, exactly how would you apply wiretapping laws, since I’m not using something that is a telephone or telegraph?
September 04, 2011 at 3:04 pm, Nathan said:
As a former law enforcement officer for the military, I can tell you that Illinois police officers should be videotaped, especially Chicago PD. I have heard too many “pay your ticket to me personally” stories from good, law-abiding people to just chalk it up to a few disgruntled citizens.
As for the rest of police officers, I don’t see why they’d kick up a fuss. I usually had perps lie non-stop once they got put in front of the judge or other concerned parties (for the military, their commanders), so I always wished my interactions had been recorded.
September 04, 2011 at 5:19 pm, John Fisher said:
This country is on the verge of becoming a fascist state. It is a scary thing when it becomes illegal to film the police. . .
September 04, 2011 at 10:00 pm, Shawn Jagger Mitchell said:
For the most part, I think the police do their job. I also think there are times when they abuse their power. It is what it is. And when they abuse their power that’s a lot more noticeable than when they aren’t abusing their power.
I try to respect local law enforcement as much as I can. Drive the speed limit, don’t litter, yada yada. Things like this make it difficult for me to maintain that respect. It’s like when your parents piss you off because they don’t make any sense but regardless you have to roll with the punches.
All I can really say is if banning recording such events is suppose to prevent public scrutiny on their end, they don’t seem to realize by taking away our rights to record they’re just doing it themselves. Shot in the foot. All I see is an attempt to be proactive but coming out as cowards. Do your job, and if someone tries to edit in their own misleading way, then fight it, justify it. Justice will prevail.
But trying to make an example out of someone like this? Cowardice. I don’t see the justification. And with the way our technology continues to grow faster than the diplomacy of our state law, I think it’s going to be a very long battle.
September 06, 2011 at 10:31 pm, Disclosure News said:
We are long time fans & supporters of Alex Jones & Infowars and a local independent newspaper in the Southern Illinois area that covers corruption. We know and have dealt with Michael Allison before, but there is more to the story than Main Stream Media is covering. Here is some of the things that are missing from the coverage….
“Allison was charged with felony eavesdropping of Robinson Chief Bill Ackman on Nov. 26, 2008 and Officer William Rutan on Dec. 6, 2008, both of these pertaining to what he calls “bogus” ordinance violations issued against him.
However, the recording of the police ISN’T where it ends, and that ISN’T the most compelling part of the little saga.
What the Cop Watch people seem to be overlooking are the subsequent felonies Allison incurred after he started going to court on the initial felonies.
Allison is also charged with recording Crawford County deputy circuit clerk Debbie Phillippe on Dec. 19; a Nancy Ulray and a Craig Weber on Dec. 31, 2008, and finally, the judge in his case as it went to court.
Allison first appeared in court on the OVs and the felony recording of the officers and court officials January 13, 2009. That hearing was held in front of associate judge Kimbara Harrell. It was just an appearance that was a court formality, and there was nothing substantial toward the case going on: no entering of a plea of guilty or not guilty, no preliminary where testimony was being given for probable cause.
But Allison wanted a court reporter. And there wasn’t one to be had at the time.
So (and this is what he personally told me, by phone, in April 2009) he asked the judge if he could provide his own tape recorder to record the hearings; and of course you can imagine her response, which was a big fat NO. There simply aren’t recording devices allowed in courtrooms, and rarely have there been (the exception being some TV cameras if there’s a major trial or hearing and permission is obtained first). And Kim Harrell is “the court.” If she says no, she means no, and unfortunately for some, there doesn’t need to be a reason.
Harrell then asked Allison if he had a recording device on him. He replied that he did. She asked him if it were running. He said it was not. She went on with the proceedings, reading the eavesdropping law (as it was being applied to him for recording the officers, this according to the court record) and advising him of his charges.
When he was told by Harrell he was free to go, he went to leave the courtroom, and was stopped by a law enforcement officer, who asked permission to search Allison for tape recording devices, which kind of stood to reason, since he had told the judge that he’d had one with him.
When the officer conducted a search, he found a running tape recorder, and Allison was in BIG, FAT trouble at that point.
He was charged with an additional count of recording the judge on that day, all of this coming after an investigation and then being formally filed in April 2009, a total of five felony eavesdropping charges, because not only had he recorded the judge against the law and her wishes, he had also lied to her. He was fortunate he wasn’t charged with something related to the lie.
And somehow, Cop Watch and everyone else whose ass is up in the air over this seems to be missing this point. …”
Full local article here:
MISINFORMATION & DISTRACTION: The REAL story of felony eavesdropping charges in Illinois”
September 07, 2011 at 3:39 am, Scott said:
I think its funny that Celebrities are followed around all day by the paparazzi being video taped and no one says anything about that, but when someone video tapes a police officer they go to jail for 75 years??!?!! How is one person being video taped okay but another person being taped illegal?
September 11, 2011 at 5:25 am, jb said:
The government of America is an illegal occupying force. People who support the government are traitors to America. There is no way to restore a Constitutional Republic. America is a Police State. It will get worse. The Police are the henchmen of the government. Americans are worthless sheep. People of Libya, Iraq, and Afghanistan are substatnial people, they will fight the U.S. government. God Da*n America. God Da*n Americans. You are scum. Study jury nullification.
December 03, 2011 at 10:22 pm, Guest said:
Derka Derka Jihad
December 06, 2011 at 1:53 am, He who knows said:
And there are so many more ridiculous laws in Illinois, too! Public display of affection, including HUGGING, is illegal in Illinois (Public display of affection, punishable by up to 75 years in prison). Interacting with new people in public and outdoor places is illegal in Illinois (“Statutory stalking”, punishable by 20 years minimum and up to 50 years). And now there is a plot to permanently institutionalize all Illinoisans with disabilities!
Illinois = Little North Korea!
December 25, 2012 at 7:10 pm, Irshad Ali Khan said:
hi