The answer is probably yes– if the officer has obtained prior approval from the state.
Under 720 ILCS 5/14-5, any evidence obtained in violation of the Illinois eavesdropping statute is not admissible in any civil or criminal trial.
The eavesdropping statute also bars using any information which you know or reasonably should have known was obtained in violation of law from a private conversation or private electronic communication, unless you have consent from all parties. See 720 ILCS 5/14-2.
The state may approve the eavesdropping but the approval must meet the requirements of 720 ILCS 5/14-3(q). The state may grant approval only after determining that reasonable cause exists to believe that inculpatory conversations concerning a qualified offense will occur with a specified individual(s) within a designated time.
If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did the police act lawfully in collecting the evidence against you? Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the search is legal and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
