Illinois Appellate Court
Criminal Court
Wiretap
As part of investigation into gang activity, State' Attorney's Office obtained authorization to intercept private communications as to certain phone number. Defendants were charged with various offenses and learned that State intended to introduce at trial certain evidence arising from wiretaps. Court properly suppressed evidence derived from wiretaps, as State's Attorney's Office failed to comply with article 108B of Code of Criminal Procedure, as the elected State's Attorney (SA) failed to personally apply for the wiretap orders. SA could not delgate to ASAs the authority to apply for wiretap orders. (HUDSON and ZENOFF, concurring. )