Publications

Illinois Bar Journal
Articles on Eavesdropping

What next for eavesdropping law in Illinois? By Janan Hanna May 2014 Lawpulse, Page 214 The Illinois Supreme Court struck down the law that criminalized recording of conversations without all parties' consent. What will replace it, and when?
No civil claims for parental eavesdropping February 2014 Illinois Law Update, Page 68 The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing...The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing the minor's account if done during the guardian's exercise of supervision while the minor is in their "care, custody, or control."
Is the Illinois Eavesdropping Act unconstitutional? The saga continues… By Helen W. Gunnarsson December 2011 Lawpulse, Page 604 Defendants being prosecuted under the Illinois Eavesdropping Act for recording police and other public officials are fighting back, thus far with mixed success.
A First Amendment right to audiorecord police? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 The ACLU says so, arguing that the Illinois Eavesdropping Act's prohibition is unconstitutional. Does freedom of speech include the freedom to record?
Admissibility of Government Wiretaps after People v Coleman By David J. Robinson January 2010 Article, Page 44 Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.
Spying Spouses and Their High-Tech Tools By Alison G. Turoff July 2008 Article, Page 348 Divorcing spouses who try to gain the upper hand by catching the other party in the act may violate federal and state eavesdropping and privacy statutes.
No suppression of evidence obtained in violation of Illinois eavesdropping statute April 2008 Illinois Law Update, Page 180 On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 
Federal wiretapping evidence admissible though barred by state law By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 Evidence gathered in a joint federal-state investigation is admissible in state court if it complies with federal, though not state, eavesdropping law.
Eavesdropping statute applies only where all parties intend private communication September 2006 Illinois Law Update, Page 464 On June 23, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding transcriptions of instant message communications were not obtained in violation of Illinois' eavesdropping statute.
Filmmaker charged under eavesdropping statute By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.
No police “eavesdropping” on sexual predators; even in cyberspace? By Helen W. Gunnarsson May 2004 Lawpulse, Page 236 The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.
2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity By Evelyn G. Baniewicz April 2004 Article, Page 190 A look at the leading criminal law decisions from the 2003 term
Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state’s use of glass-comparison evidence did not constitute plain error July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.
Foreign Intelligence Surveillance Court keeps its eyes on the spies By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 A brief history of the federal court that reviews the propriety of foreign intelligence wiretaps, which recently made news by denying a wiretap request for only the second time in 20-plus years.
Electronic surveillance regulations updated March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.
Does Illinois’ eavesdropping statute make felons of us all? By Helen W. Gunnarsson December 2001 Lawpulse, Page 620 A critic of the statute says it makes videotaping your child's baseball game a criminal act.
General Assembly approves Gov. Ryan’s amendatory veto of eavesdropping law changes; P.A. 91-657 February 2000 Illinois Law Update, Page 68 P.A. 91-657 makes several changes to the eavesdropping sections of the Illinois Criminal Code, 720 ILCS 5/14-1 et seq. The act also closes a loophole and makes additional amendments.
A Lawyer’s Guide to Eavesdropping in Illinois By Celia Guzaldo Gamrath July 1999 Article, Page 362 Your client comes to you, Linda-Tripp style, with a tape-recorded conversation: What do you do? Read and find out.