Illinois Appellate Court
Criminal Court
Evidence
Defendant was convicted, after jury trial, of unlawful delivery of a controlled substance. During trial, State presented audio recording of drug transaction involving Defendant, made pursuant to an overhear order. Sufficient procedural safeguards were taken to bring the State's overhear evidence into compliance with the eavesdropping statute. Even though the audio evidence disk in evidence was not the "original", it was handled in such a way to protect it from editing or alterations, and the "destruction" of original was explained in detail at trial, and confidential informant who was present testified at trial. (SCHMIDT and WRIGHT, concurring.)