Illinois Appellate Court
Criminal Court
Motions to Suppress
(Court opinion from 3/18/10 withdrawn.) Court properly suppressed Defendant's statements in inaudible tape recordings made of his conversations with jail informant who was wearing wire for judicially authorized overhear. Defendant's statements to undercover police informant were properly suppressed because questioning by informant is custodial interrogation under Illinois constitution and statutes. Thus, Defendant's Illinois constitutional rights were violated when he was interrogated after having invoked right to counsel, as Defendant, an Illinois citizen, was indicted by Cook County State's Attorney, and charged in Illinois court with violating Illinois criminal statute. (MURPHY and STEELE, concurring.)