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Generally speaking, no.

It is currently only illegal in Illinois. The ACLU is in the process of appealing a decision of the Illinois courts to the Seventh Circuit Court of appeals. They are expected to rule in early 2012. A similar case was brought before the first circuit court recently and they ruled that American citizens DO have the right to video tape police officers under the First Amendment.

It should also be noted that it is currently entirely legal in illinois to video tape police officers as long as there is no audio involved. Only audibly recording police officers is illegal currently in illinois.

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12y ago
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13y ago

Currently 3 states will charge the recorder of the video with a felony. For example, in Illinois all recordings must be agreed to by all parties involved and since the police would not give their consent, the recording would be illegal. So, the answer is yes, in Illinois, Massachusetts, and Maryland.

Illinois

In Illinois, an eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation. 720 Ill. Compiled Stat. Ann. 5/14-1, -2. An eavesdropping device is defined as anything used to hear or record a conversation, even if the conversation is conducted in person.

In addition, it is illegal to disclose information one knows or should have known was obtained with an eavesdropping device. Violations of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. 720 Ill. Compiled Stat. Ann. 5/14-4. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6. However, not disclosing the contents of the illegally obtained communication is an affirmative defense to the charge.

Standard radio scanners are not eavesdropping devices, according to a 1990 decision from an intermediate appellate court. Illinois v. Wilson, 554 N.E.2d 545 (Ill. App. Ct. 1990). A camera is not an eavesdropping device. Cassidy v. ABC, 377 N.E. 2d 126 (Ill. App. Ct. 1978).

It is also illegal for any person to "videotape, photograph, or film another person without that person's consent in a restroom, tanning bed or tanning salon, locker room, changing room or hotel bedroom," or in their residence without their consent. 720 Ill. Compiled Stat. Ann. 5/26-4(a).

The eavesdropping provisions do not prohibit private citizens from electronically recording the proceedings of any meeting subject to the Open Meetings Act.

Under Illinois law, when communications with individuals acting as agents or representatives of a company are taped in violation of the Illinois eavesdropping statute, claims under the eavesdropping statute belong to the company. International Profit Associates, Inc. v. Paisola, 461 F.Supp.2d 672 (N.D. Ill. 2006).

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14y ago

It depends on what state you live in. I think you need a permit. But i know it is illegal if used for personal activity, or pornography. However, schools make their on rules. They can use public pictures for yearbooks etc. But if you want to videotape people, you need consent to continue.

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10y ago

Previously, it was legal to video-record police in public places, just as it is legal to video-record anyone else, since they do not have an expectation of privacy.

It was however illegal to audio-record police, since many states have "all-party consent" wiretapping laws that make it illegal to make audio recordings of people without their consent.

However, the legal cases ACLU v. Alvarez (7th Cir. May 8, 2012) and Glik v. Cunliffe (1st Cir. 2011) have established that citizens have the same right to record police as journalists do, including audio and video recordings in public places with unconcealed cameras. The Illinois wiretaping law that prohibits audio recordings of police in public places was judged an unconstitutional violation of the First Amendment.

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8y ago

Yes, it is illegal in many places. It falls under the eavesdropping and wiretapping laws. Very serious and can have felony potential.

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11y ago

no juust proves that police are real scum bags lololollololol

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11y ago

no

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Q: Is it illegal to video tape police officers?
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