SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Quinn wants review of ACLU bias claims against state police

Wednesday, Jun 15, 2011

* Earlier this month, the Illinois ACLU asked the US Justice Department to investigate “the substantial racial disparate impact cause by consent searches conducted by Illinois State Police troopers of Hispanic and African American motorists.” The ACLU took a look at available data and concluded

Data demonstrates that almost all motorists – between 94% and 99% — consent to a search when asked by an ISP trooper, suggesting that the coercive nature of the encounter renders the “consent” not truly voluntary. […]

…Hispanic and African American motorists are far more likely than white motorists to be subjected to consent searches by ISP troopers. Hispanic motorists were 2.7 to 4.0 times more likely to be consent searches (in the years between 2004 and 2009), and African Americans motorists were 1.8 to 3.2 times more likely. Remarkably, white motorists who consent to searches by ISP troopers are far more likely to have contraband than compared to Hispanic and African American motorists. [Emphasis added.]

Keep in mind that this is about “consent” searches, not searches based on reasonable cause. Those searches can be done without the driver’s consent.

* From the Tribune

“These [consent] searches are carried out on a hunch, and it’s clear the Illinois State Police have hunches more frequently with black or brown drivers, and that those hunches turn out to be wrong more frequently for black and brown drivers,” said Harvey Grossman, legal director for the ACLU of Illinois.

Grossman said the group decided to ask the Department of Justice to intervene because it would be quicker than a court case, and because the agency’s civil rights division has taken an active role under Obama.

A spokeswoman for the federal agency says it will review the complaint.

* The AP adds

The ACLU’s figures show only 177 state police consent searches produced any contraband, and more than half of it came from white drivers. Mostly what troopers found was alcohol and drug paraphernalia. They found weapons only 14 times and more than 50 grams of drugs only eight times.

* The State Police say other police agencies are worse

“Consent searches are a tool recognized and authorized by the U.S. Supreme Court,” department spokesman Scott Compton said in a statement. “In 2009, ISP requested consent from 2 out of every 1,000 motorists stopped. This statistic demonstrates that troopers … are not abusing the use of consent searches.”

He said state police were less likely than other departments to seek permission to search minority drivers. Overall, 2 percent of minority drivers were asked to allow a search during traffic stops in 2009, but among stops by the state police the figure was only 0.4 percent, down from 1.35 percent in 2005.

* But now the governor is stepping in and wants a review

Gov. Pat Quinn has asked the head of the Illinois State Police to review allegations of racial bias in the department’s handling of searches during traffic stops.

* In other police-related news, Illinois’ extremely harsh eavesdropping law is racking up more outrageous felony charges against alleged violators, including Michael Allison

This Robinson, Ill., man is facing four counts of violating the eavesdropping law for the recordings he made of police officers and a judge. Allison was suing the city to challenge a local zoning ordinance that prevented him from enjoying his hobby fixing up old cars: The municipal government was seizing his cars from his property and forcing him to pay to have them returned. Allison believed the local police were harassing him in retaliation for his lawsuit, so he began to record his conversations with them.

When Allison was eventually charged with violating the zoning ordinance, he asked for a court reporter to ensure there would be a record of his trial. He was told that misdemeanor charges didn’t entitle him to a court reporter. So Allison told court officials he’d be recording his trial with a digital recorder.

When Allison walked into the courtroom the day of his trial, the judge had him arrested for allegedly violating her right to privacy. Police then confiscated Allison’s digital recorder, where they also found the recordings he’d made of his conversations with cops.

Allison has no prior criminal record. If convicted, he faces up to 75 years in prison.

* Related…

* Jody Weis: My unused police plan showed city had enough officers

* Violence in Chicago hits close to home for Mulligan

* Safety a great concern as students prepare for summer break

* Chicago expanding Big Brother camera network

* Key Loop buildings added to surveillance network

- Posted by Rich Miller        


33 Comments
  1. - One of the 35 - Wednesday, Jun 15, 11 @ 9:42 am:

    Could it be that 94% to 99% of those stopped have nothing to hide and therefore consent to voluntary search? The data does not necessarily “suggest” that the consent is not truly voluntary.


  2. - Anonymous - Wednesday, Jun 15, 11 @ 9:55 am:

    How does one get out of a request for a ‘voluntary search’ without seeming like you are hiding something?


  3. - MrJM - Wednesday, Jun 15, 11 @ 10:02 am:

    “Mind if I take a look in the trunk?”

    “Yep.”

    “Then I guess you won’t mind waiting for the drug-sniffing dog.”

    “D’oh!”

    – MrJM


  4. - Leave a light on George - Wednesday, Jun 15, 11 @ 10:11 am:

    =How does one get out of a request for a ‘voluntary search’ without seeming like you are hiding something?=

    Just say no.


  5. - Angry Chicagoan - Wednesday, Jun 15, 11 @ 10:12 am:

    A pity that more people aren’t talking about this. If there’s any state where public officials ranging from police to judges need to be held more accountable, through recording or any other means, it’s this one.


  6. - wordslinger - Wednesday, Jun 15, 11 @ 10:17 am:

    The eavesdropping law is beyond Kafka, or maybe it’s Orwell or Heller.

    How can judges and police officers have an expectation of “privacy” in performing their public duties?


  7. - PublicServant - Wednesday, Jun 15, 11 @ 10:18 am:

    The eavesdropping law is outrageous, and should be repealed. Law Enforcement personnel who are doing their jobs have nothing to fear from the public with whom they are interacting from a recording that has been made of that interaction. And a potential 75 year prison term…for 4 recordings? Is there a murder charge in there that I’m missing?


  8. - Palatine - Wednesday, Jun 15, 11 @ 10:21 am:

    Illinois’ extremely harsh eavesdropping law is racking up more outrageous felony charges against alleged violators. Repeal it now!!!!!!!!!!!!!!!!


  9. - wishbone - Wednesday, Jun 15, 11 @ 10:26 am:

    I just wish 99% of the public would say no to unwarranted searches.

    Your lead in to the eavesdropping story should be “In other police-state related news, Illinois’ extremely harsh eavesdropping law…”


  10. - Precinct Captain - Wednesday, Jun 15, 11 @ 10:29 am:

    Wordslinger, judges and police officers don’t have an expectation of privacy when performing public duties. Illinois laws are ludicrous and worse is the way they’re enforced.


  11. - PublicServant - Wednesday, Jun 15, 11 @ 10:33 am:

    Rich, do you (or anyone else) have any info on who sponsered the bill, and what the rationale was for it? I’m just stunned that it’s out there.


  12. - Cincinnatus - Wednesday, Jun 15, 11 @ 10:33 am:

    As a firm supporter of rigorous law enforcement and police officers, I can’t see how the “eavesdropping” law helps law enforcement in any way. There is a balance between allowing cops to do their assigned jobs, and an individual’s 4th and 5th amendment rights. This law seems to put a finger on the scales of justice, with no obvious benefits.


  13. - Justice - Wednesday, Jun 15, 11 @ 10:35 am:

    If an officer asks to search your car, simply say “no.”

    Honestly folks, we are in a free society and the fact that a police officer wants to search your vehicle, without reasonable or probable cause, is nuts. All of us need to stand firm on our rights.

    Just because the percentages are high for people allowing searches, says nothing.

    As to the Judge and the violation of her right to privacy….I say she should be the one facing charges. She is a public employee in a public place, having been given notice that they were being recorded. Good grief. Are we moving to a police state? Talk about twisting the law.


  14. - Rich Miller - Wednesday, Jun 15, 11 @ 10:36 am:

    ===have any info on who sponsered the bill===

    Which bill?


  15. - PublicServant - Wednesday, Jun 15, 11 @ 10:37 am:

    Oh sorry the eavesdropping bill.


  16. - Retired Non-Union Guy - Wednesday, Jun 15, 11 @ 10:37 am:

    Where is the ACLU on Mike Allison’s case? He asked for a court reporter and was refused. He notified the court he was going to record and they didn’t say he could not … then they arrested him when he did. Would the court have done the same thing if he showed up with a court reporter paid for at his own expense? Did the court suggest such an action?

    Sounds like a blatant case of entrapment by the court where they allowed an “illegal” action they could have prevented in order to further harass a person the system was already harassing.


  17. - Cincinnatus - Wednesday, Jun 15, 11 @ 10:38 am:

    Here’s the eavesdropping act:

    http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+14&ActID=1876&ChapterID=53&SeqStart=30900000&SeqEnd=32700000


  18. - Cincinnatus - Wednesday, Jun 15, 11 @ 10:43 am:

    And it was part of 96‑1464


  19. - Plutocrat03 - Wednesday, Jun 15, 11 @ 10:58 am:

    The ACLU has its own agenda, so hoping for them to do the right thing is a hit or miss affair.

    The eavesdropping laws in IL as well as other states gives the government unprecedented power. Not a good thing. Anything happening in a courtroom should available for recording. After all it is supposed to be a matter of record.

    I wonder how this crock of a law got passed?


  20. - Cincinnatus - Wednesday, Jun 15, 11 @ 10:58 am:

    The Complaint: http://www.aclu-il.org/wp-content/uploads/2011/02/PI-memo-filed-9-3-10.pdf


  21. - FDR - Wednesday, Jun 15, 11 @ 11:02 am:

    The eavesdropping act needs to be repealed!


  22. - Cincinnatus - Wednesday, Jun 15, 11 @ 11:05 am:

    The Bill:

    http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1057&GAID=10&DocTypeID=HB&LegId=42732&SessionID=76&GA=96


  23. - Cincinnatus - Wednesday, Jun 15, 11 @ 11:07 am:

    Passed unanimously in both houses


  24. - TwoFeetThick - Wednesday, Jun 15, 11 @ 11:27 am:

    The Eavesdropping Law has been on the books for a long time. The paper version of the Illinois Compiled Statutes, which contain much more historical information than is found in the online version, date the law to 1961 (though, further research may date it even earlier than that). The reason issues like these arise is because the law has not been adequately updated to reflect changes in technology that have occurred over time, not because the GA is making some recent attempt at creating a police state.

    PA96-970 that you link to, Cincinnatus, added exemptions to the law, not additional penalties being used to prosecute Mr. Allison. True, the police usually oppose making changes that would exempt situations like this. They don’t want a camera stuck in their face as they try to do their job anymore than anyone else does when they try to do their jobs. Obviously, the law needs serious revision, but painting this situation as being the result of recent changes by the GA is not accurate.


  25. - TwoFeetThick - Wednesday, Jun 15, 11 @ 11:28 am:

    Sorry, PA96-670.


  26. - Downstate Illinois - Wednesday, Jun 15, 11 @ 11:30 am:

    How the in the world can a judge in a public courtroom have her privacy invaded by a recording of what she says.


  27. - Leave a light on George - Wednesday, Jun 15, 11 @ 12:50 pm:

    In Illinois, BOTH parties must consent to the AUDIO recording of a conversation, with some exception noted in the statute. Just like our overly restrictive gun control measures we as a state are in the minority. The cop has a right by statute to not consent just like the citizen.


  28. - Quinn T. Sential - Wednesday, Jun 15, 11 @ 1:38 pm:

    Time for another Blue Ribbon Commission to spend endless hours and dollars putting on a show.

    Are the Democrats going to have Abner Mikva stuffed and preserved when he is no longer with us, so that they can continue to roll him out for just such occasions?

    After all; he did such a fine job getting to the bottom of the U of I admissions scandal.


  29. - Yellow Dog Democrat - Wednesday, Jun 15, 11 @ 2:40 pm:

    “We aren’t as biased as other law enforcement agencies” isn’t exactly a great defense.


  30. - WUSTL - Wednesday, Jun 15, 11 @ 8:27 pm:

    So technically, if you are pulled over and the police car has a video recorder with a microphone, would that not be eavesdropping on my conversation with the officer since I haven’t given my consent for the recording to occur?


  31. - WUSTL - Wednesday, Jun 15, 11 @ 8:30 pm:

    Never mind, had I read the link Cincinnatus posted, I would have had my answer.


  32. - wordslinger - Wednesday, Jun 15, 11 @ 9:34 pm:

    Does the Illinois eavesdropping law have anything to do with the fact that conversations recorded by one without the consent or knowledge of other parties are illegal, so they can’t be entered into evidence in court?

    Say, like, recording a public official without knowledge or consent?


  33. - Rich Miller - Wednesday, Jun 15, 11 @ 9:38 pm:

    We have a winner.


Sorry, comments for this post are now closed.


* Late, late poll... Who won the debate?
* *** LIVE COVERAGE *** Last gubernatorial debate
* Sign of the times?
* A long, long way to go
* Statewide roundup
* Question of the day
* Last night's oddest moment
* So far, it's (an almost) complete news blackout
* Stand down, lefties
* Today's number: $379 million
* Local 150 spending "six figures" on Libertarian candidate
* More on McKinney
* Rauner, GOP matching Madigan's money in House races
* SUBSCRIBERS ONLY - Supplement to today’s edition
* Down, but not out
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Good morning!
* *** UPDATED x1 - Quinn campaign responds *** Rauner campaign responds to firestorm over Sun-Times reporter's sidelining
* New Quinn ad hits Rauner on nursing homes
* *** UPDATED x1 *** Sun-Times sidelined reporter after Rauner campaign intervention
* *** UPDATED x2 *** Quinn campaign responds to Sun-Times endorsement decision
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * iOS 8.1: 'Text Message Forwarding' Activation Requires iMessage Email Address
        * Spotify Family gives discount for multiple accounts
        * iOS 8.1, Apple Pay, Google’s Gmail 5.0, Microsoft smartwatch & more – Pocketnow Daily
        * Royals and Giants Stadiums to Accept Apple Pay for Concessions During World Series
        * Nexus Player back on pre-order, Nexus 6 starts October 29
        * Apple might cut Beats Music subscription fees in half
        * Lumiartistic! How Toni Kasurinen takes his art to the next level

        * World’s Thinnest Case Preserves The iPhone 6’s Unnecessary Thinness
        * It’s Not Quite Marty McFly, but the Hoverboard Is Here (Video)
        * Because, Bacon: Bacon Scented T-Shirt
        * As Online Viewing Soars, Internet TV Will Soon Be the Only TV
        * Yahoo Eyeing BrightRoll Video Ad Platform Acquisition [Rumor]
        * New World Of Warcraft Class Video Guides Released
        * Dorothy Wearable Lets You Click Your Heels To Summon A Taxi

        * Following same path as '59 White Sox, KC eyes title
        * larry's Offseason Plan
        * Abreu wins Sporting News' AL Rookie of the Year honors
        * Jose Abreau wins the Sporting News AL Rookie of the Year
        * Jose Abreu wins the Sporting News AL Rookie of the Year
        * Lost in Isolation: A White Sox fan abroad.
        * Pnoles' 2014 White Sox offseason plan


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Midwest Manners Give Way in Last Illinois Gover.....
        * Illinois Governor Candidates Spar in last Debate..
        * Illinois governor candidates spar on finance, jobs..
        * Quinn, Rauner debate income tax increase..
        * Miller: Rauner's 'right to work' support pushes.....
        * University of Illinois could be at turning point..
        * Police say they might have spotted ambush suspect..
        * Standing ovation at Met Opera despite protest..
        * Cost of making 'Hobbit' movies up to $745 million..


        * Illinois governor candidates spar on finance, jobs
        * Quinn, Rauner debate income tax increase
        * Governor hopefuls disagree on charter schools
        * Illinois governor candidates spar in last debate
        * Police: Indiana suspect hints at more killings
        * EPA awards $8.6 million to reduce Lake Erie algae
        * Suspected Indiana serial killer charged in 1 death
        * Judge to rule against Ameren in power line case
        * Voters head to polls on first day of early voting
        * Voters cast early ballots in Illinois

        * Quinn, Rauner spar over jobs, taxes
        * Election 2014: Learn about all the candidates
        * What to watch for in third governor debate tonight
        * U of I sees turning point as election nears
        * Chicago Sun-Times endorses Rauner for governor
        * Sun-Times, Belleville, Champaign, Peoria newspapers endorse Rauner for governor
        * Bill Clinton to address workers at pro-Quinn rally
        * Body camera use concerns Illinois police officers
        * Illinois unemployment rate falls again, to 6.6 percent
        * Panel to look at body cameras in eavesdropping law discussion

        * It's official: AbbVie and Shire end merger talks
        * Northwestern, U of C among four hospitals that would treat Ebola patients
        * Bloomberg weighs in for Dold
        * U.S. airlines raise base fares on domestic flights
        * Court rejects appeal from Duane Reade Ex-CEO, CFO


        * Cardinal George’s advice to Archbishop Cupich: ‘Spend a lot of time listening’
        * Chicago Public Schools to sell headquarters for $28 million
        * Fix pot law conflicts so industry can grow
        * Convicted sex offender in custody after 7 bodies found in NW Indiana
        * Fioretti tries to put heat on Emanuel over short yellow lights
        * Neely’s pre-election resignation deja vu of how she got her start
        * Emanuel’s cable tax hike to cost average consumer $28.80 a year
        * Scholar’s take on bishops’ synod: ‘Amazing days if you’re a Catholic’
        * Obama votes early, campaigns for Quinn
        * Dr. Lawrence Solomon: Renowned dermatologist, book collector loved a mystery


        * Millions pledged to carry out CPS arts program
        * Quinn, Rauner unleash negativity in final debate
        * What experts say about serial killers
        * Feds: Chicago-area man supplied heroin to Indiana dealers
        * Hinsdale District 86 votes to approve teacher contract
        * Suspect in Indiana serial killings has violent past
        * Ebola fear puts family in voluntary quarantine in Rock Island
        * Police warn of bicyclist who grabbed at teen girl
        * Judge: Trucker's statements in Tollway fatality admissible
        * Man gets 122 years in murder of Romeoville girl, 15


        * Scary Story: Hand In Glove By Shawna Mayer
        * Task Force Hopes To Help Turn Students Into Good Citizens
        * Digging up the history of a Civil War camp on Chicago's South Side
        * Indiana suspect hints at more killings
        * Illinois' Medical Marijuana Program At Odds With Federal Policy
        * UIS Poverty Series Continues With "American Winter" Screening
        * Third & Final Governor Debate Tonight
        * Politicians On Parade
        * Are Computer Keyboards Killing Cursive?
        * Earlier Than Ever


        * Our Opinion: White, Madigan for another term
        * Quinn, Rauner spar over jobs, taxes
        * Our Opinion: Say yes to Magro’s project
        * John Schick: Letter confirmed aggression toward bicyclists
        * Election 2014: Learn about all the candidates
        * U of I sees turning point as election nears
        * Our Opinion: Re-elect Durbin for another term in U.S. Senate
        * Bill Press: Do you trust your government on Ebola?
        * Quote of the Day: Monday, Oct. 20, 2014
        * Our Opinion: Rodney Davis has earned another term


        * Oakwood's strong finish leads to tournament title
        * Monday's prep highlights: Budd sparks Arcola
        * Coach speak: Beckman on using his QBs, Powell's injury
        * Woman formally charged with aggravated criminal sex abuse
        * UI roundup: Viliunas, Stadick receive awards
        * Thomas to decide Tuesday; Self and Weber to attend McClain funeral
        * Thomas to decide Tuesday; Self and Weber to attend McClain's funeral
        * Police investigate armed robbery in Champaign
        * Tate: Kill improves another team
        * Man arrested after shots were fired has been released from jail


        * Boys soccer: Top 20 rankings
        * Meet an offensive lineman: Glenbard East's Ben Sullivan
        * Leap of faith led Elgin native to 'Ellen'
        * Minor, Carmel complete sectional victories
        * Meet an offensive lineman

        * Patrick Cannon defense strategy rare but n...
        * Feds fine Jesse Jackson Jr.'s campaign com...
        * Ex-Congressman Jesse Jackson Jr. faces sen...
        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * U.S. House Passes Resolution Condemning An...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...

        * Editorial: In Senate race, Durbin deserves......
        * High School Students Question Candidates i......
        * High School Students Question Candidates i......
        * High School Students Question Candidates i......
        * Excused From Syracuse...

        * Dear Editor,...

        * Take note of first complaint received through Ethics Citation Program
        * Morning Minute: Don’t make these credit score mistakes
        * Morning Minute: Mortgage rates fall below 4 percent, hit yearly low
        * Illinois fracking vote postponed until Nov. 6
        * Morning Minute: New Census report offers snapshot of U.S. housing landscape
        * October magazine article outlines IAR ideas to boost professionalism
        * Local vigilance helps IAR reps protect your interests
        * Today is first day for early voting in Illinois
        * Know the facts before you vote for Home Rule on Nov. 4
        * First-time award signals greater commitment to fundraising


        * Rauner Campaign Statement on Final Debate
        * What They’re Saying About Pat Quinn
        * What They’re Saying About Bruce Rauner
        * Illinois EPA Registration of Smaller Sources Program Hits Program Landmark - 3,000 Illinois Small Businesses Benefit from Permit Streamlining
        * Rauner Sweeping Endorsements Across Illinois




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller