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.


* Question of the day
* UPDATE: $580 MILLION EXELON RATE HIKE?? Do They Really Need a Bailout After Making Nearly $1 BILLION In The Last 90 Days?
* Very late Rauner oppo
* *** UPDATED x1 *** And speaking of abortion...
* GOP defends Rauner on "employer-provided birth control"
* SUBSCRIBERS ONLY - Friday morning fundraising report
* It's not anything new, but that doesn't make it Kosher
* Polling averages, models, projections, etc.
* Today's number: $3.5 million
* Rauner makes "Top 10" robocall list
* SUBSCRIBERS ONLY - Cable TV buy report and a spending update
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

          
        * Unknown 9.2-inch Xiaomi tablet listed on GFX Benchmark
        * Evernote Rolls Out Its New “Work Chat” Feature
        * D&D classic Icewind Dale: Enhanced Edition launched
        * HTC jumps on the quick-charging bandwagon with Rapid Charger 2.0
        * The Week in iPhone Cases: Extreme protection, yet still functional
        * HERE update: building footprints, better Chicago transit info
        * Microsoft says new Office for Mac due in 2015, unveils new Outlook app

        * Michelle Phan Is Building a Beauty Empire (Full Session Video)
        * A clue to Pinterest’s growth plan can be found in the company’s new profile page design
        * Virgin Galactic’s SpaceShipTwo space plane destroyed after ‘in-flight anomaly’
        * Google’s Dinosaur Easter Egg Now In Chrome Beta For Android
        * Microsoft to Update Office for Mac Next Year; Mac Outlook Gets Refresh Now
        * How Facebook made News Feed 50 percent faster on iOS
        * This Interactive Guide Tells You the Right Beef Cuts for Any Meal

        * White Sox opt to decline Paulino's '15 option
        * White Sox have flexibility to pursue multiple upgrades
        * White Sox offseason plan roundup: Third base
        * Minnie Miñoso belongs in the Hall of Fame
        * Development of young core in '15 can define Chicago's future
        * Abreu leads White Sox GIBBY hopefuls with five noms
        * Allen, Wills among new faces on Hall's Golden Era ballot


        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


        * How to Get a Government Job in Gov. Pat Quinn's.....
        * Illinois pledges another $10 million to I-74 br.....
        * Moran: Mailboxes can exhale with end of electio.....
        * Former Gov. Jim Edgar to campaign with Bruce Ra.....
        * Topic matches for "campaign"..
        * Quinn, Rahm thank Safe Passage workers..
        * Diana Rauner talks about candidacy of husband B.....


        * Sun-Times owner sells suburban papers to Tribune
        * Chicagoan sentenced for robbing, beating 78-yr-old
        * Sun-Times owner sells suburban papers to Tribune
        * Former Northwestern researcher settles fraud suit
        * Off-duty Chicago police officer beaten, robbed
        * AbbVie hikes forecast, tops Street expectations
        * Illinois Dems dig deep to keep governor's office
        * Illinois schools report has host of new features
        * A look at Ebola guidelines in some states
        * 3 die when train strikes SUV in southern Illinois

        * Former Gov. Edgar to campaign with Rauner
        * Attorney general seeks clarifications from Topinka’s former nonprofit
        * Inmate freed from Jacksonville prison in landmark Illinois case
        * Cross opposes income tax hike extension
        * Gay marriage, abortion issues take back seat in governor’s race
        * Madigan’s office seeks clarifications from former Topinka nonprofit
        * Cross says no to income tax hike extension, sales tax on services
        * Gay marriage, abortion issues take backseat in governor’s race
        * Illinois inmate freed in landmark capital punishment case
        * Rauner says women will decide governor's race

        * Chicago Marathon champion fails doping test, agent says
        * Since Shire deal collapsed, AbbVie's probably done with mega mergers
        * Mead Johnson stock falls on Danone's China deal
        * Groupon rises on Asia news, 3Q profit
        * Danone's China deal quiets speculation on Mead Johnson buy


        * Garcia: I'm a serious mayoral candidate, not just a protest vote
        * A higher standard of criminal justice
        * Ex-Northwestern doctor to pay $475K to settle fraud claims
        * Sad day  when  Catholic  schools  close
        * Chicago bead merchant Ronnie Klein, whose Loop business drew stars, dead at 65
        * Chicago bead merchant Ronnie Klein, whose Loop business drew stars, dead at 65
        * Durbin, Oberweis square off for final time
        * State’s attorney investigating alderman’s prize offer to voters
        * Face it: Animator has found a great way to pass time on his commute
        * Refund those unfair yellow-light tickets


        * Ex-deputy pleads guilty to more child sex charges
        * Man gets 28 years in robbery, fatal attack on senior
        * Cook County Sheriff: Man missing near south suburban forest preserve
        * Pipe fitters tout Emanuel support with billboard
        * Wind and snow lead to cancellations and delays at O'Hare
        * Aviation chief: O'Hare noise problems won't go away
        * Workman's comp claim against Bears complicates Avellini DUI case
        * 2 students suffer chemical burns at UIC campus
        * Lawsuit: 3 Des Plaines men fell ill after hunting, eating wild boar
        * Metra reports delays on Union Pacific North Line


        * Making Buildings Healthier From The Inside Out
        * Scary Story: Planes By Ted Morrissey
        * Listen to State Week - October 31, 2014
        * "Monster Mash" Celebrates Halloween With Classical Music
        * The difficulties of getting voters invested and informed about elections
        * The Study Guide: Top issues in the candidates' own words
        * Ebola Strikes Race For Governor
        * Scary Story: To Have & To Hold By Jessica Hagemann
        * Aldermen skip chance to ask about city’s handling of police commander
        * Aldermen skip chance to ask about city's handling of police commander


        * Former Gov. Edgar to campaign with Rauner
        * Esther Cepeda: Elizabeth Pena: Trailblazer on the big screen
        * Andy Shaw: Voter turnout instrumental to reform
        * Ty Fahner: What if the Court rejects pension reform?
        * Attorney general seeks clarifications from Topinka’s former nonprofit
        * Quote of the Day: Friday, Oct. 31
        * Inmate freed from Jacksonville prison in landmark Illinois case
        * Cross opposes income tax hike extension
        * Gay marriage, abortion issues take back seat in governor’s race
        * Illinois inmate freed in landmark capital punishment case


        * Arrowhead wants to make you feel at home
        * Sergio McClain welcomes opportunity
        * Who's in the news? Mary Ellen Chamberlin
        * Former Gov. Jim Edgar set for campaign swing with Rauner
        * Edgar to campaign with Rauner; rally Monday in Bloomington
        * Band concert Sunday to feature traditional and modern works
        * Journal-Courier Top Five
        * Five things to do this weekend: Run, shop inside and out, drive, change the clocks
        * Collabortive pianist Maertin Katz presents classes, lectures, recital
        * 3 die when train strikes SUV in Vandalia


        * Prep football playoff games streaming live tonight
        * Lake County jury to decide whether woman was kidnapped, sexually assaulted in Beach Park motel
        * 5 post-Halloween things to do this weekend
        * Kaneland's Swithers plays through torn ACL, inspires teammates
        * St. Peter Lutheran School celebrates 150 years in Arlington Hts.

        * 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...

        * Oberweis gearing up to take on Durbin in m......
        * Quinn, Rahm thank Safe Passage workers...
        * Oberweis gearing up to take on Durbin in m......
        * Quinn, Rahm thank Safe Passage workers...
        * Education Dept. cracks down on for-profit ......

        * If Republicans Take Senate, Why It Won’t Last...
        * Why a GOP Senate could be short-lived...

        * Facebook To Host Q&As With Illinois Gubernatorial Candidates
        * North Side Chicagoans Open Community-Funded Mental Health Center
        * Illinois Congressman Schock Visits the United States Air Force Academy
        * Vagina Dialogues: Rauner, Quinn battle in the bedroom as campaign raps up
        * The College Football Report Top Ten: Army Training, Sir!
        * Prayer today & tomorrow
        * Obama Votes In Chicago So His Ballot Will Be Counted 27 Times [video]
        * We Ask America Launches Illinois Turnout Tool
        * SportsMonday: Bye-Bye Bears
        * The College Football Report: Huffing Paint And The HAL 9000


        * Editorial: Governors, raining taxpayer $ on Illinois
        * Governor Quinn and Mayor Emanuel Thank New Safe Passage Workers - Nearly 700 Additional Workers Hired This Year to Serve 133 Schools, 69,000 Students Across the City
        * Editorial: Rauner best choice as governor to begin to reverse Illinois’ fortunes
        * Quinn to celebrate Rauner’s UI Labs accomplishment
        * Another Democrat Runs Away From Pat Quinn




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