Is It Legal to Record Police Officers during an Arrest in Illinois?

 Posted on February 28, 2025 in Criminal Defense

In Illinois, there is no clear-cut answer about whether you are within your legal rights if you record a police officer while you are arrested. The reason why is that the First Amendment's freedom of expression and right to gather information and the state’s privacy laws can seem at odds with each other in some cases. 

Recently, awareness of the importance of gathering visual proof of what happens during an arrest has grown. As more people instinctively reach for their phones to film an arrest to make sure any violations of someone’s rights will not be silently accepted, it is important to understand that this could result in criminal charges. A qualified Illinois defense lawyer can explain your rights and protect your interests.

How Does the Illinois Eavesdropping Law Impact Accusations of Recording an Officer?

Illinois has some of the strictest privacy laws in the country, particularly its Eavesdropping Act, which states that it is illegal to record a conversation if you do not have the consent of everyone involved. However, there are certain exceptions when it is generally acceptable to record public officials, including police officers, even without getting their consent to do so.

Where Are You Recording Them?

If you see a police officer through the window in his own home or somewhere else private, it is illegal to record him. If the police officer is in a public space where there is no reasonable expectation of privacy, it is typically permissible to record him. If you record a cop on a sidewalk, street, or somewhere else out in public, the Illinois Supreme Court and federal courts have considered this protected under the First Amendment.

What Are You Recording Them Doing?

Recording an off-duty police officer doing something private is considered a violation of his right to privacy. However, if he is performing official police duties, this is typically considered valid to record.

How Can I Legally Record an Arresting Officer?

While recording a police officer conducting official duties is generally considered legal, it becomes more complicated during an arrest. Several factors are weighed when determining if it is legal or advisable:

• Are you obstructing justice? Recording the cop may not be illegal, but interfering with his ability to make an arrest can result in charges of obstruction of justice.

• Will the cop retaliate? It might be legal to record the cop, and your focus might be entirely on the person being arrested to ensure he or she is safe. However, if the cop thinks that by filming him, you are challenging his authority, he can take action to stop you from recording, seize your phone or camera, and otherwise escalate the entire situation. These actions by the cop can certainly be challenged in court, but they can also complicate matters for you or the person who was arrested.

If you still believe you should record an arrest as it unfolds, you should remain calm and respectful throughout. Avoid raising your voice or using offensive words, and announce that you are recording. This both helps ensure that you are not doing anything to escalate the situation and can serve as evidence that you were not secretly recording, which would violate Illinois law.

You must also make sure you are not interfering. You cannot try to stop the arrest from happening, and if you are an obstacle to a cop as he performs his official duties, you could be charged with obstruction. Instead, calmly record while staying out of the way. Last, it can be useful to use live streaming or cloud storage, which can prevent the footage from being deleted or tampered with.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

While it is generally legal to record a police officer carrying out an arrest, you need to be aware of the potential risks, including retaliation and possible charges. The skilled Naperville, IL defense attorney at Law Office of Philip R. Nathe can advise you on your rights, review any charges, and build a strong case to protect your rights. Call us at 630-416-7600 to schedule a free consultation.