Publications

Articles on Eavesdropping

The Two Faces of Eavesdropping

By Ed Finkel
June
2015
Article
Page 20
The new Illinois eavesdropping law makes it easier to record police in public settings - but it also gives police more power to eavesdrop on citizens' conversations.

Still no eavesdropping law in Illinois

By Janan Hanna
July
2014
LawPulse
Page 314
The Senate passed an eavesdropping bill before the spring session ended, but the House failed to agree.

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

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.

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