Recording Conversations and the Police
720 ILCS 5/14-2 — a private conversation needs the consent of everyone in it, and an officer in public may be recorded
Illinois requires the consent of every party. It is eavesdropping to use a device in a surreptitious manner to record or transmit any part of a private conversation without the consent of all of the parties, including one the person is a party to.
Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
A private conversation is an oral communication between 2 or more persons when one or more of them intended it to be private under circumstances reasonably justifying that expectation.
- Intercepting or recording a private electronic communication without the consent of all parties is eavesdropping as well.
- So is using or disclosing information the person knows, or reasonably should know, was obtained that way.
- Anyone who is not a law enforcement officer may record an officer performing their duties in a public place, or where the officer has no reasonable expectation of privacy.
- An officer may still take reasonable action to maintain safety and control, secure scenes, protect investigations and protect public safety.
Sources for this section (2)
- 720 ILCS 5/14-2 — Elements of the offense; affirmative defense
- 720 ILCS 5/14-1 — Definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.