A bill passed the Illinois House of Representatives that would allow undercover police officers to audio record suspected drug dealers without a judge’s approval. The bill was backed by several major police organizations in Illinois.
Opponents of the bill fear that police will eventually seek unilateral permission to record suspects in a variety of other cases. The eavesdropping law in Illinois is one of only a few states where it is illegal to record both private and public conversations without the consent of everyone involved.
Officers say it often takes hours to get approval to record conversations making it difficult to move quickly on drug cases. The president of the Illinois Drug Enforcement Officers Association said that because of the time delay, most officers decide not to record their conversations.
The bill as filed now requires a state’s attorney to approve the request to eavesdrop before the recording is made.
Opponents of the bill, including the Illinois State Bar Association, the ACLU and the state appellate defender’s office, point to an exception in the current legislation that allow officers to eavesdrop without a prior court order in an “emergency situation.” The opponents feel that police and prosecutors would have too much power if they were allowed to eavesdrop on drug suspects without a judge’s approval.
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