Can I Get Arrested for Filming Police in Illinois?

 Posted on March 10, 2025 in Criminal Law

Smartphones have made it easier than ever to record interactions with law enforcement. Many people use their phones to document police conduct, especially during traffic stops, protests, or other public encounters. However, there are questions about the legality of filming the police and whether you can get arrested for doing so in Illinois. A skilled Illinois criminal defense attorney can discuss any questions or concerns you may have about criminal charges.

Is it Illegal to Film the Police in Illinois?

The short answer to this question is no, although a more nuanced extension of that answer would be "but it depends." Under the First Amendment, you have the right to record public officials, including police officers, as long as you are in a public space where you have the legal right to be. If you are in a park, on a sidewalk, or somewhere else in a public area, you can typically record a police officer without needing to worry about getting arrested for it.

However, Illinois has specific laws regarding audio recording that can complicate matters. The state's eavesdropping law prohibits you from recording private conversations without the consent of everyone recorded. In the past, this law was interpreted to include police officers, leading to arrests for filming them. However, more recent court rulings have clarified that recording public officials performing their duties in public does not violate this law.

When Can Filming the Police Lead to an Arrest?

Although it is generally considered legal to film the police, certain situations can lead to an arrest or criminal charges, including:

• Obstruction: If you interfere with a police officer while he or she is performing official duties, for example, by getting too close during an arrest or blocking the officer’s movements, you could be charged with obstruction of justice or disorderly conduct.

• Trespassing: If you are on private property without permission while filming, you could face trespassing charges.

• Failure to Comply: If a police officer orders you to move for safety reasons while you are filming but you refuse, you could be arrested for failure to comply.

• Secretly Recording Police Conversations: While it is typically legal to openly record a police officer in public, it is considered illegal in Illinois to secretly record a police officer’s conversation in a private setting. 

If you are arrested for recording law enforcement officials, remain calm and avoid resisting. Exercise your right to remain silent and immediately request an attorney who can help you fight charges related to filming police, especially if your constitutional rights were violated.

Schedule a Free Consultation with a DuPage County, IL Defense Attorney

If you have been arrested for recording the police, you need an experienced Wheaton, IL criminal defense lawyer from Davi Law Group, LLC who can help protect your rights and build a strong defense for your case. We offer free consultations, so call us today at 630-580-6373 to schedule yours.