Defendant was charged with two counts of unlawful delivery of a controlled substance. The trial court granted defendant’s motion to suppress evidence of a video recording made by a confidential informant and the informant’s testimony. The State appealed and the appellate court affirmed; however, the Illinois Supreme Court overruled that decision and directed the appellate court to consider the effect of its opinion in People v. Davis, 2021 IL 126435 where the court ruled that testimony of a confidential informant is admissible even where video of the transaction was recorded illegally. Based on the Supreme Court’s Davis opinion, the appellate court reversed the trial court order granting defendant’s motion to suppress on the basis that the informant’s testimony and the video, without audio, were admissible. (HOLDRIDGE and McDADE, concurring)
Illinois Appellate Court
Criminal Court
Evidence