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Court rules police don't have to follow states' eavesdropping law

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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-09-08 10:01 AM
Original message
Court rules police don't have to follow states' eavesdropping law
Court upholds police tactics in DuPage drug sting

SPRINGFIELD -- The Illinois Supreme Court ruled Thursday that police don't have to follow a state eavesdropping law when working as part of a federal investigation.

The ruling stemmed from a 2003 DuPage County drug sting that resulted in Randall Coleman being sentenced to 22 years in prison for two counts of selling cocaine.

On appeal, Coleman argued audio recordings used to convict him should be thrown out because police violated state law in getting them.

Illinois' eavesdropping law says both parties must consent to the recording or the person doing the recording must get a judge's permission. Federal law, however, is far less restrictive. For instance, it does not require a court order for federal agents who plant a wire on confidential informants.

Daily Herald
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alarimer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-09-08 10:04 AM
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1. Marching down the road to fascism.
Where are all the Republicans screaming about states' rights now?
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-09-08 10:18 AM
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2. This is chilling given the increasing number of HS, Fed agencies, and local LEO ops these days. nt
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-09-08 10:23 AM
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3. Cool, nullification PII.
The idea of there being a check on federal power by the states is not a bad idea, it's just something that can be abused.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-09-08 10:35 AM
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4. Boy, that flies directly against our constitutional framework.
I guess it should be noted by now we have no framework or protections.
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