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Illinois's wiretapping law (720 Illinois Compiled Statutes 5 / Criminal Code of 2012. Article 14 , also called the Illinois eavesdropping law ) was a "two-party consent" law. Illinois made it a crime to use an " eavesdropping device" to overhear or record a phone call or conversation without the consent of all parties to the conversation.
Clark/Melongo on March 20, 2014, which struck down Illinois' two-party consent law, Illinois was a one-party consent state. [60] [61] However, the state legislature amended the statute and, as of December 30, 2014, Illinois is once again a two-party consent state for non-electronic communications. [40] [41]
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Laws differ in the United States on how many parties must give their consent before a conversation may be recorded. In 38 states and the District of Columbia, conversations may be recorded if the person is party to the conversation, or if at least one of the people who are party to the conversation have given a third party consent to record the ...
If you record police in private places without consent, such as their home, then the short answer is yes. However, even when a person is recording in a public space, the chance of arrest does exist.
Additionally, it is illegal in 13 states to record audio without express or written consent of the nanny being recorded. Despite this, some hidden cameras are still sold in the United States with audio recording capabilities, though their use is illegal and their recordings cannot legally be used as evidence. [citation needed]
However, if you intend to record conversations involving people located in more than one state, you should get the consent of all parties to be safe, says the Digital Media Law Project.
Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.