People v. Nevilles

Illinois Appellate Court
Criminal Court
Eavesdropping
Citation
Case Number: 
People v. Nevilles
Decision Date: 
Friday, January 29, 2021
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Reversed and remanded.
Justice: 
LYTTON

Court erred in granting Defendant's motion to suppress evidence. Although state's attorney must make a finding of reasonable cause to allow the eavesdrop execution under section 14-3(q)(1), plain language of Section 14-3(q)(2) of Criminal Code establishes that the written memorialization need only include reasonable cause finding in writing if the requesting officer does not provide a name and physical description of the person the officer believes will commit a qualified offense.  In this case, memorializations of officer's eavesdrop requests contained names and description of the eavesdrop subjects. (DAUGHERITY and McDADE, concurring.)