Lake Villa man sues over police video

Nocturnal wildlife viewing and late-night movies are hobbies Louis Frobe began pursuing around Lake County after chronic back pain and medication made it difficult for him to sleep.

Frobe's night-owl habits periodically attract curious police officers, so he purchased a microphone-equipped video camera last year to protect himself from what he'd believe to be improper arrests or any unconstitutional contact against him by law enforcement.

But Frobe's effort to get video and audio of Lindenhurst police without consent during a traffic stop last Aug. 15 ended with him in handcuffs and charged with a felony for violating the Illinois Eavesdropping Act.

Frobe, 47, of Lake Villa, hasn't given up his desire to record police. He's seeking to get the state's eavesdropping law overturned in a federal lawsuit he filed against the village of Lindenhurst and three officers March 11.

Civilians aren't allowed to audio record police officers while they are on duty in public without their permission. Police are exempt from the eavesdropping act last amended in 2009.

Attorney Torri Hamilton of Chicago, who filed the lawsuit in U.S. District Court on behalf of Frobe, said the law creates a double standard because video and audio recording systems now common in police squad cars are activated for traffic stops without a driver's consent.

“It's OK for (officers) to be videoing, but not the civilian?” said Hamilton, a former lawyer for the city of Chicago who defended police misconduct cases.

Court documents request a declaratory judgment finding the eavesdropping law violates the First Amendment as applied to the audio recording of police officers without their consent while performing public duties.

Lindenhurst Police Chief Kevin Klahs said Thursday his department had yet to be served with the suit. He said no one filed complaints with Lindenhurst about the officers named in the lawsuit.

“It'll be an interesting case,” Klahs said. “That's why we have the (court) systems that we have.”

Frobe has been stopped by cops about 40 times over an unspecified period on his nighttime travels to view nocturnal wildlife in natural habitat or a movie, court documents allege. Because the chronic back pain and medication he needs makes sleep difficult, Frobe turned to animals and late movies to pass time in an effort at a normal life.

Hamilton said Frobe has seen beavers building a dam in Lake County in the wee hours.

A collection of audio and video technology owned by Frobe allows him to observe the animals in the dark. The lawsuit states the various devices he uses to watch the creatures were confiscated by Lindenhurst police when he was arrested on suspicion of eavesdropping.

“Because plaintiff's hobby is unusual, his encounters with local police in Lake County have often been unpleasant,” the federal complaint states.

At roughly 10:30 p.m. Aug. 15, 2010, Frobe was driving his 2004 Honda CRV west on Grand Avenue in Lindenhurst on his way to a movie when he was pulled over by village police.

Lindenhurst police officer Ralph Goar activated his squad's video and audio recording equipment, approached Frobe and told him he had been stopped for speeding, court documents state. Frobe started his recording system after Goar returned to the squad.

Frobe was about to be let off with a warning ticket when Goar noticed the small camera on the Honda's dashboard, according to the suit. Frobe was arrested after he admitted the device was recording his conversation with Goar, who couldn't be reached for comment.

Court documents state Lake County prosecutors dropped all charges against Frobe. He had been charged with eavesdropping and possession of a controlled substance for what turned out to be medication legally prescribed by a doctor.

Last year, the American Civil Liberties Union of Illinois sued the state in federal court over charging residents for breaking the eavesdropping law by making audio recordings of public conversations with police. The case was dismissed.

ACLU lawyers contended the civilian recordings were a way for individuals and organizations to exercise a First Amendment right by sharing information about police with the public. ACLU spokesman Ed Yohnka said an appeal has been filed over the dismissal.

Hamilton said her lawsuit is stronger than the ACLU's case because it is specific to Frobe and not general. She said Frobe, who is married and on disability, brought the case out of principal rather than an effort to gain monetary damages.

“Louie is an individual who has suffered from this statute,” she said.

Hamilton said Attorney General Lisa Madigan and Lake County State's Attorney Michael Waller were included as defendants in Frobe's complaint only because they enforce the law.