Topic: Eavesdropping

Michael Allison faces five felony counts and a potential 75-year prison sentence for recording law enforcement officers in Robinson, Illinois. The charges stem from an Illinois eavesdropping law that classifies recording on-duty officials without consent as a Class 1 felony, a penalty equivalent to rape. Crawford County State's Attorney Tom Wiseman is pursuing the case despite similar charges being dropped in other jurisdictions across the United States.

The Illinois Eavesdropping Statute creates a legal disparity where police may record citizens without consent, but citizens face felony charges for doing the same to police. While officers caught on video committing acts of violence often face minimal jail time, individuals like Christopher Drew and Michael Allison face decades in prison for unauthorized audio recording. Legal experts note that the law acts as a shield to protect public officials from scrutiny rather than a tool for public safety.

Michael Allison explains his decision to use an Olympus DS-30 digital recorder to document interactions with law enforcement following initial threats and intimidation. He asserts that the recordings were audio-only and often conducted openly on his mother's private property where he argues the police had no expectation of privacy. The discussion highlights the tension between citizens recording police actions and the authorities' use of eavesdropping statutes to discourage such documentation.

During a January 13, 2009, court hearing regarding a municipal ordinance, a judge questioned Michael Allison about possessing a recording device as he entered the room. After Allison confirmed he had a recorder but stated it was powered off, the judge read from the Illinois eavesdropping statute and declared he had committed a Class 1 felony. The judge claimed Allison violated her personal right to privacy by attempting to record an open court hearing without her explicit consent.

Following the judge's declaration of a felony violation, she proceeded with the ordinance hearing and scheduled a future bench trial before allowing Michael Allison to leave the bench. As Allison attempted to exit the courtroom, a sheriff's deputy acting as a bailiff placed him under arrest for eavesdropping. The arrest was based on the previous day's interaction with the circuit clerk and a separate incident involving the city attorney's secretary.

Michael Allison faced felony charges in Crawford County, Illinois, for recording audio of law enforcement in public. A local judge ruled the Illinois eavesdropping statute unconstitutional, citing public pressure and media attention, though the state is currently appealing the decision to the Illinois Supreme Court. Allison remains under travel restrictions and bail conditions while the case proceeds through the legal system.

Judge Stanley Sacks ruled the Illinois eavesdropping law unconstitutional, stating the statute's language is overly broad and criminalizes innocent conduct. The case stems from the 2009 arrest of street artist Christopher Drew, who was charged with a felony for recording his own arrest on a public street. While the State's Attorney plans to appeal, the ruling moves directly to the Illinois Supreme Court as the second circuit court decision to invalidate the law.