People v. Flournoy

Illinois Appellate Court
Criminal Court
Privilege
Citation
Case Number: 
2016 IL App (1st) 142356
Decision Date: 
Thursday, November 3, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
McBRIDE

Defendant was convicted, after bench trial, of possession of a controlled substance with intent to deliver. Court abused its discretion in applying surveillance location privilege. Where State requests invocation of surveillance location privilege, court should hold an in camera hearing, and ensure that a transcript of that hearing is created; and court must balance public interest in keeping location secret against the defendant's interest in preparing a defense.(HOWSE and BURKE, concurring.)