People v. Davis

This case presents question as to whether trial court properly granted defendant’s motion to suppress audio and video recording of drug transaction that was generated by confidential informant, where: (1) police obtained permission to record different individual without said individual’s permission or knowledge; and (2) informant illegally recorded his conversation with defendant, where defendant had no knowledge that said conversation was being recorded, and where police had not sought permission to record any conversation with defendant. Both parties agreed that audio portion of recording should be suppressed under eavesdropping statute, but Appellate Court found that video portion of conversation and informant’s personal knowledge of drug transaction was admissible, since neither informant’s personal knowledge of drug transaction nor video recording resulted from any illegal eavesdropping. (Dissent filed.)