Friday, November 30, 2012

SCOTUS Denies Illinois Case and Blocks Attorney

Michael Allison (IL)
Many people have seen and heard the multitude of stories where police officers approached innocent and proactive speculators recording transpiring events between an officer and their subject. The officer would often detain the speculator for "obstructing justice," "illegal wiretapping," or "eavesdropping." Some were released hours later, some days later, and others had to get their case dismissed by higher courts.

In recent events, Michael Allison, was charged for eavesdropping after recording police officers near his home and at an ordinance hearing in Cook County, Illinois. He faced up to 75 years for his 5 counts of "criminal offenses." It did not take very long before the American Civil Liberties Union (ACLU) took interest in Allison's case against Cook County State Attorney, Anita Alvarez, and cited a violation of the First Amendment. The ACLU filed an appeal against Alvarez to have a Court Justice hear the case.

The U.S. Supreme Court responded with not just a denial to hear the case, but they filed an injunction against Alvarez to continue to prosecute Allison for the alleged offense citing "a violation of free-speech rights when used against people who audiotape police officers." What this means for every citizen in every one of the fifty States in the union is that if a police officer ever detains you for recording them in public and charges you with "obstruction," "delaying," "wiretapping," or something else that they pull out of the clear blue sky and given you are not offending the situation in any way, you can cite ACLU v Alvarez and you will likely be released sooner than later or your case be dismissed entirely in court.

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