Defendant was charged with 1 count of unlawful delivery of a controlled substance within 1000 feet of a place of religious worship and 1 count of unlawful drug conspiracy. Court granted Defendant's motion to suppress video and audio "overhear" recording of alleged drug transaction between confidential informant and Defendant's wife, at Defendant's residence, that State obtained without judicial authorization, but with permission of State's Attorney's Office. Section 14-3(q)(1) of Criminal Code is intended to give law enforcement officers a streamlined method to obtain overhear authorization in limited circumstances during investigation of drug offenses. Admission of overhear recording in prosecution of felony drug offenses does not result in implied repeal of broader coverage of article 108A of Code of Criminal Procedure. (MOORE and CHAPMAN, concurring.)
Illinois Appellate Court
Criminal Court
Motions to Suppress