C Eavesdropping Device"

• Library: Illinois Decisions on Search and Seizure (2017 Ed.)

C. Eavesdropping Device"

Note: Effective, January 1, 2000, the Illinois legislature broadened the definition of "eavesdropping device" to include protection of not just an "oral conversation" but also any "electronic communication." 720 ILCS 5/14-1 (a). An "electronic communication" means "any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, pager, computer, electromagnetic, photo electron or photo optical system, where the sending and receiving parties intend the communication to be private and the interception, recording or transcription of the electronic communication is accomplished by a device in a surreptitious manner...." Id., 5-14-1 (e). Thus, some of the case law referenced in this section that pre-dates the passage of this amendment may no longer have precedential value.

People v. Shinkle, 128 Ill. 2d 480, 539 N.E.2d 1238 (1989) (finding where a police officer merely placed his hand over the mouthpiece of an extension phone and listened to the conversation between the defendant and cooperating witness, the court held that since the officer had not mechanically altered the telephone, the extension phone was not an "eavesdropping device" as defined in the Illinois eavesdropping statute and, thus, there was no basis for suppression of the evidence). See also People v. Gray, 209 Ill. App. 3d 407, 568 N.E.2d 219 (1st Dist. 1991) (where a defense exculpatory witness, in aggravated sexual assault trial, claimed she overheard...