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Jon: happening now , did you know that in one state, you can not record your record your local police? we have all seen videos like this, average citizens, capturing cop necessary action during every day events like traffic stops. tpwhu illinois, it s illegal to do so without the officer s consent and you can even go to jail if you do it. mike tobin is live in chicago, with a look at this controversy. mike. reporter: hello, jon. this law was written before everyone had one of these smartphones with a familiarra in it. in fact the law only addresses the audio recording and not the video, but if you re in chicago, you pull out your phone, record a chicago cobb without his consent you could be looking at not jail time. prison time. chris drew intended to be arrested when he stood out on chicago s state street, selling art without a ....
Permit. protesting peddler s hraurbgs he expected to be charged with a misdemeanor. but when the police arrested drew, he was carrying an audio recorder. we were advised by guys that do this regularly in new york city to record everything. he was charged wa felony, for violating the illinois eavesdropping law which prohibits recording of police officers on duty without their consent. we weren t listening in on anything private. we were all public. in public. reporter: drew is temporarily off the hook. a circuit court judge determined that the law is unconstitutional, because it s overbroad, especially in a world filled with people carrying smartphones with cameras. but until the state supreme court ruled, the law is still in effect, you can t roared the cops in chicago. i m going to enforce the law that is are on the books. it s the law that s on the books. reporter: so one illinois representative, elaine nekritz, is proposing a repeal of this law, get it off the books befo ....