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  1. #1

    Default Recording Telephone Conversations or Text Messages Without Permission

    My question involves criminal law for the state of: Illinois

    In the state of Illinois, it is illegal to record a telephone conversation without permission or telling the other individual that you are recording the telephone conversation. However, in the state of Illinois, it would appear that an individual can use text messages that occur over telephone communication networks as a form of evidence against a defendant. As such, I am asking if it is illegal for a plaintiff to use the text messages as evidence without informing the defendant that he or she is recording the text messages. As I understand, some cellphones allow an individual to observe text messages but delete them after they are read. As such, I am considering that it is illegal for a plaintiff to use text messages against a defendant without the prior consent of the defendant or telling the defendant that he or she will have his or her text messages recorded and kept.

    Has there been any legal discussion about this in Illinois?
    Has there been any legal discussion about this in the U.S.A.?
    Is it illegal for the plaintiff to use text message evidence that occurs over a telephone network against the defendant?
    If not, why not?

    What rulings allow such an evidential procedure to be legal or illegal in Illinois?
    In Illinois, are the police allowed to, without my permissions, look at the cellphone text messages I sent to someone else's cellphone on that person's cellphone?

  2. #2
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    Default Re: Illinois: Legality: Recording Telephone Conversations vs Text Messages W/O Permis

    Quote Quoting untouchedworld
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    I am considering that it is illegal for a plaintiff to use text messages against a defendant without the prior consent of the defendant or telling the defendant that he or she will have his or her text messages recorded and kept.
    No, it's not illegal.

    The reason is simple.

    Illinois is an "all party" consent state with regard to the recording of phone conversations. (720 Ill. Compiled Stat. 5/14-2(a)(1).) That means you cannot record the conversation with consent of the other party or all other parties (obviously you have your own consent.)

    A text message is not an "oral conversation" so the statute doesn't apply. However, I suppose it can be considered an "electronic communication" under the statute and would also require the consent of both parties.

    So think about this logically. Didn't the other party consent to your having the text message simply by sending it to you? The answer is yes,. So, once you are in legal possession of the message (and you are) you can do with it what you will, including presenting it as evidence in court with proper foundation.

    If you need "legal rulings" start by looking in Article X of the Illinois Rules of Evidence.

    http://www.state.il.us/court/Supreme...e/Evidence.asp


    Quote Quoting untouchedworld
    View Post
    In Illinois, are the police allowed to, without my permissions, look at the cellphone text messages I sent to someone else's cellphone on that person's cellphone?
    Yes. As long as the other person consents.

    Again, when you send it you give your consent for the other person to have it. That person, in turn, is free to show it to anybody, including the police.

    It's when neither of you want the police to see it, that the police have to have a warrant.

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