Illinois Laws on Recording Police: Your Rights and Protections (2026)

Illinois law explicitly allows you to record police officers performing their public duties. Under 720 ILCS 5/14-2(e), nothing in the eavesdropping article prohibits a person who is not a law enforcement officer from recording an officer performing duties in a public place or where the officer has no reasonable expectation of privacy, a right the First Amendment also protects.

The right to record police officers in Illinois has a turbulent legal history. Before 2014, Illinois had one of the harshest eavesdropping laws in the nation, and residents faced felony charges simply for recording police encounters. The Illinois Supreme Court struck down that law as unconstitutional in People v. Clark, 2014 IL 115776, and the replacement statute enacted in December 2014 limited the offense to surreptitious recording of private conversations, and a 2016 amendment (P.A. 99-352) added an express provision allowing members of the public to record officers performing their duties in public. Today, Illinois provides strong legal protections for individuals who record police activity.

The Legal Right to Record Police

The 2014 Reform

The current eavesdropping statute under 720 ILCS 5/14-2, as rewritten in December 2014 (P.A. 98-1142), covers surreptitious recording of private conversations. Section 720 ILCS 5/14-2(e), added by P.A. 99-352 (eff. Jan. 1, 2016), states that nothing in the eavesdropping article prohibits a person who is not a law enforcement officer from recording a law enforcement officer performing official duties in a public place or in circumstances with no reasonable expectation of privacy, though an officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect public safety and order.

Recording State's Attorneys, judges, and other officials in public settings, such as open court or a public meeting, is generally lawful because those conversations are not private under 720 ILCS 5/14-1(d). No provision names these officials, though, and there is no blanket rule: whether a conversation is private turns on the circumstances, not the speaker's office. Secretly recording a private conversation with one of them while they are on duty is a Class 3 felony for a first offense under 720 ILCS 5/14-4(b).

This exemption applies to both audio and video recording. You do not need to obtain consent from a police officer before recording their public activity.

Conditions for Lawful Recording

Your right to record police is protected when you meet these conditions:

1. The officer is performing public duties. This includes arrests, traffic stops, interactions with the public, crowd control, and any activity related to their official role.

2. You are in a place where you have a right to be. This means public sidewalks, parks, government buildings open to the public, your own property, and any location where you have lawful access.

3. You do not physically interfere with the officer's duties. You may record from a reasonable distance, but you cannot obstruct an arrest, block an officer's path, or physically intervene in police activity.

4. You are not trespassing on private property. Your right to record does not authorize entering private property without permission.

What "Physical Interference" Means

The non-interference requirement is the most commonly disputed aspect of recording police in Illinois. Courts evaluate interference based on the specific facts:

Not interference:

• Standing on a sidewalk and recording from a reasonable distance
• Recording from inside your vehicle during a traffic stop
• Recording from your porch or yard
• Holding up a phone to record without getting in the way
• Verbally asking questions while recording (without yelling or creating a disturbance)

May constitute interference:

• Moving into the path of an officer making an arrest
• Physically blocking a police vehicle
• Reaching toward an officer's equipment
• Refusing to move back when an officer establishes a safety perimeter at a crime scene
• Entering a restricted area at an active crime scene

The key standard is whether your recording activity physically impedes the officer from performing their duties. Simply recording from a reasonable vantage point does not constitute interference.

Before the 2014 Reform

The Old Eavesdropping Law

Illinois's pre-2014 eavesdropping law was one of the most restrictive in the country. It criminalized recording any conversation without all-party consent, with no exception for public conversations or police activity. The penalties were severe: recording a private citizen was a Class 4 felony, while recording a police officer was a Class 1 felony carrying 4 to 15 years in prison.

People v. Clark (2014)

The Illinois Supreme Court struck down the old statute in People v. Clark, finding it unconstitutionally overbroad under the First Amendment. The Court held that the law criminalized a substantial amount of protected speech and activity, including recording conversations with no privacy interest and documenting the actions of public officials.

The companion case, People v. Melongo, reinforced this holding. Together, these decisions eliminated the felony threat that had been used to suppress citizen recording of police.

The National Context

Eight federal appeals courts (the First, Second, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits) have held that the First Amendment protects recording police officers doing their jobs in public, subject to reasonable time, place, and manner limits, and the Fourth Circuit has held that livestreaming a police traffic stop is protected speech. The Supreme Court has not ruled on the question, and the Sixth, Eighth, and D.C. Circuits have not recognized the right. The Seventh Circuit, which covers Illinois, is the controlling circuit and held in ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012), that making an audio recording falls within the First Amendment's speech and press guarantees and that applying Illinois's eavesdropping statute to openly recording police officers performing their duties in public places was likely unconstitutional. It ordered a preliminary injunction barring enforcement of the statute against the ACLU and its employees or agents for that recording. Illinois later codified this right at 720 ILCS 5/14-2(e) (P.A. 99-352, eff. Jan. 1, 2016).

In 2012, the Department of Justice sent a letter to the Baltimore Police Department stating that individuals have a First Amendment right to record police officers in the public discharge of their duties. This position has been consistently maintained by the DOJ.

Body Camera Laws in Illinois

The Law Enforcement Officer-Worn Body Camera Act

Illinois enacted the Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706) to regulate the use of body cameras by police officers. The Act establishes requirements for when officers must activate cameras, how footage is stored, and who can access recordings.

When Officers Must Activate Cameras

Under the Act, officers equipped with body cameras must activate them during:

• All law enforcement interactions with the public that occur during enforcement activities, including traffic stops, pedestrian stops, arrests, searches, and pursuits
• All interactions during response to calls for service
• Any encounter that becomes adversarial after initial contact

Officers may deactivate cameras during:

• Conversations with confidential informants
• Certain sensitive situations involving victims of sexual assault or domestic violence who request privacy
• Administrative and non-enforcement activities

Retention and Access

Under 50 ILCS 706/10-20(a)(7), retention depends on whether an encounter is flagged:

• Unflagged footage: Kept for 90 days, then must be destroyed
• Flagged footage: An encounter is flagged for a complaint, a firearm discharge or use of force, death or great bodily harm, a detention or arrest (other than a stop for only a minor traffic or business offense), an officer investigation, or evidentiary value, and its footage must be kept at least 2 years after flagging
• Footage used in a proceeding: Not destroyed until a final disposition and court order

Members of the public who are recorded by body cameras may request access to footage under the Illinois Freedom of Information Act (5 ILCS 140). However, certain exemptions allow law enforcement agencies to withhold footage in specific circumstances, such as ongoing criminal investigations.

SB 1796 and Body Camera Reforms

The Illinois General Assembly has continued to refine body camera requirements. Senate Bill 1796 in the 104th General Assembly was introduced to change who may obtain body camera recordings and to let agencies keep unflagged footage beyond 90 days. A Senate committee amendment replaced those provisions with a Freedom of Information Act change letting agencies charge up to $40 an hour to search for and redact body camera recordings, with exceptions for the people recorded, news media, and others. The Senate passed that version on May 21, 2026, and it was re-referred to the House Rules Committee on June 2, 2026. It has not been enacted and does not change current law.

What to Do When Recording Police

Practical Guidelines

When recording a police encounter in Illinois:

1. Stay calm and keep recording. You have the legal right to record.
2. Maintain a safe distance. Do not approach so closely that you interfere with the officer's activities.
3. Do not physically obstruct. Stay on the sidewalk, in your car, or in another safe location.
4. State your rights if questioned. You may calmly inform the officer that you have a legal right to record under Illinois law.
5. Do not resist if an officer unlawfully orders you to stop. Comply in the moment and seek legal recourse afterward. Resisting arrest adds criminal charges regardless of whether the underlying order was lawful.
6. Back up your footage. Use automatic cloud backup if available so that footage is preserved even if your device is seized.

If an Officer Orders You to Stop Recording

An officer generally cannot order you to stop recording simply because you are recording police activity in a public place, but 720 ILCS 5/14-2(e) lets officers take reasonable action to maintain safety and control, secure crime scenes and accident sites, and protect investigations, which can include ordering you to move back. However, the practical reality is that refusing to comply may lead to arrest, even if the arrest is ultimately found to be unlawful. The safest approach:

• Calmly state that you believe you have a right to record
• If the officer insists, comply to avoid escalation
• Note the officer's name and badge number
• File a complaint with the police department's internal affairs division
• Contact an attorney about your options, including a civil rights lawsuit

If Your Device Is Seized

Police officers can often lawfully seize your recording device without a warrant, such as incident to an arrest or based on probable cause. What they generally cannot do without a warrant is search its digital contents: the U.S. Supreme Court held in Riley v. California (2014) that police need a warrant to search a cell phone's data, even after a lawful seizure. If an officer seizes your device:

• Do not physically resist the seizure
• State clearly that you do not consent to the seizure or search
• Note the time, location, and identifying details of the officer
• Contact an attorney immediately
• File a complaint with the department

Enhanced Penalties for Recording Private Police Communications

The Distinction Between Public and Private Police Activity

While recording police performing public duties is legal, unauthorized eavesdropping on private law enforcement communications carries enhanced penalties under 720 ILCS 5/14-4:

This covers secretly recording or intercepting a law enforcement officer's private conversations or private electronic communications, such as a closed-door investigative discussion, where the 720 ILCS 5/14-1 privacy test is met. The enhanced penalty reflects the state's interest in protecting the integrity of ongoing investigations.

The key distinction: recording what officers do and say in public is legal. Intercepting their private, internal communications without authorization is a serious felony.

Civil Rights Remedies

42 U.S.C. Section 1983 Claims

If a police officer violates your right to record by arresting you, seizing your device, or using force to stop you from recording, you may have a civil rights claim under 42 U.S.C. Section 1983. This federal statute allows individuals to sue government officials who violate their constitutional rights.

Potential claims include:

• First Amendment retaliation: Arresting or threatening someone for exercising their right to record
• Fourth Amendment claims: Seizing a recording device without probable cause or another lawful basis, or searching its contents without a warrant (Riley v. California, 2014)
• Fourth Amendment excessive force: Using force to stop lawful recording

Successful Section 1983 plaintiffs can recover compensatory damages, punitive damages, and attorney fees. Qualified immunity can still shield officers. Recognizing the right is not the same as making it "clearly established" for a damages suit: the Second, Third, Fourth, and Fifth Circuits each recognized it while still granting the officers qualified immunity for earlier conduct, and the Eighth Circuit has held the right was not clearly established as of 2015. In Illinois, the statutory protection in 720 ILCS 5/14-2(e) and the Seventh Circuit's Alvarez decision strengthen a claim, but the outcome depends on the facts.

Filing Complaints

In addition to civil litigation, you can file complaints about officers who violate recording rights with:

• The police department's internal affairs division
• The Illinois Attorney General's office
• The U.S. Department of Justice Civil Rights Division
• Local civilian review boards (in jurisdictions that have them)

Recording at Public Meetings and Government Buildings

Open Meetings Act

The Illinois Open Meetings Act (5 ILCS 120) requires certain government meetings to be open to the public. Recording is generally permitted at:

• City council meetings
• County board meetings
• School board meetings
• Township meetings
• Park district meetings
• Other public government proceedings

Government bodies cannot prohibit recording at public meetings that are required to be open under the Act.

Courtroom Recording

Recording in Illinois courtrooms is subject to Illinois Supreme Court Rule 44, which generally restricts cameras in courtrooms (Rule 63 covered this before a December 2020 order moved the language to Rule 44). Permission from the presiding judge is typically required before recording any courtroom proceeding.

More Illinois Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

Back to Illinois Recording Laws

More Illinois Recording Topics

• Illinois Biometric Privacy Laws
• Surveillance Camera Laws

More Illinois Laws

• Illinois AI Meeting Recording Laws
• Illinois Dashcam Laws
• Illinois Data Privacy Laws
• Illinois Deepfake Laws
• Illinois Employee Monitoring Laws
• Illinois GPS Tracking Laws
• Illinois Police Bodycam Laws
• Illinois Smart Glasses Recording Laws

Frequently Asked Questions

Can I record police officers in Illinois?

Yes. Illinois law explicitly allows recording police officers performing their public duties. Under 720 ILCS 5/14-2(e), added effective January 1, 2016, nothing in the eavesdropping law prohibits recording an officer performing duties in a public place or where the officer has no reasonable expectation of privacy, although officers may take reasonable action to maintain safety and control, secure crime scenes and accident sites, and protect investigations and public safety. This covers both audio and video recording.

Can a police officer tell me to stop recording in Illinois?

An officer generally cannot order you to stop recording simply because you are recording police activity in public, although 720 ILCS 5/14-2(e) lets officers take reasonable action to maintain safety and control, secure scenes, and protect investigations, which can include ordering you to move back. If an officer issues such an order, you may calmly state your right to record. If the officer insists, it is safest to comply in the moment to avoid arrest, then seek legal remedies afterward through internal affairs complaints or a civil rights lawsuit.

Do Illinois police have to wear body cameras?

The Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706) requires officers equipped with body cameras to activate them during enforcement activities, including traffic stops, arrests, and responses to calls for service. However, not all departments have fully deployed body cameras to every officer.

Can police seize my phone if I record them in Illinois?

Police can often lawfully seize your phone without a warrant, such as incident to an arrest or on probable cause. What Riley v. California (2014) requires a warrant for is searching the phone's digital contents, not the initial seizure. If an officer seizes your device, do not resist physically. State that you do not consent to any search of it, note the officer's identifying details, and contact an attorney. You may have a civil rights claim under 42 U.S.C. Section 1983.

What is the penalty for illegally recording police private communications?

Unauthorized eavesdropping on private law enforcement communications is a Class 3 felony for a first offense, carrying 2 to 5 years in prison and up to a $25,000 fine, and a Class 2 felony for a subsequent offense, carrying 3 to 7 years in prison and up to a $25,000 fine. This applies to secretly recording an officer's private conversations or communications, not to recording officers performing public duties.