People v. Harper

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2012 IL App (4th) 110880
Decision Date: 
Friday, May 25, 2012
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Reversed and remanded.
Justice: 
POPE
Court improperly suppressed DVD video recording and transcript from police interview of Defendant. Court's findings were insufficient to determine whether Defendant's custodial statements were inadmissible before suppressing recording and transcript. Inadvertent failure to record interview, error in recording process, or innocent equipment malfunction does not establish automatic and absolute bar to State's use of a defendant's statements during custodial interrogation. (TURNER, concurring; COOK, dissenting.)