Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Admissibility of Crappy Recording Depends On Degree Of Crappiness Of The Recording

October 1, 2024 By Samuel Partida, Jr.

People v. Perkins, 2024 IL App (2d) 230214 (July). Episode 1056 (Duration 8:11)

It is not the number of inaudible portions that adversely affects trustworthiness; instead, it is the reason for the inaudible portions

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Filed Under: Evidence, Over Hear, Silent Witness Tagged With: Video

Overhear Violation Does Not Mean  Everything Needs To Get Excluded 

February 8, 2024 By Samuel Partida, Jr.

People v. Davis, 2021 IL 126435 (October). Episode 930 (Duration 5:15)

The confidential informant was a participant in the conversation with defendant, so his knowledge of that conversation was not derived from the illegal audio recording. 

[Read more…]

Filed Under: Over Hear Tagged With: Illinois Supreme Court

Overhear Recording Authorized By State’s Attorney or By A Judge

March 29, 2023 By Samuel Partida, Jr.

People v. Nevilles, 2021 IL App (3d) 190645 (January). Episode 867 (Duration 5:58)

State authorized overhear does not require that probable cause be spelled out in the required paperwork.

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Filed Under: Over Hear

All The Evidence Is Thrown Out After An Illegal Overhear

August 9, 2022 By Samuel Partida, Jr.

People v. Harris, 2020 IL App (3d) 190504 (August). Episode 808 (Duration 7:01)

State concedes error in their use of a secret audio recorder, the court suppressed everything including any testimony concerning the transactions.

[Read more…]

Filed Under: Over Hear

How Much Evidence Needs To Be Thrown Out After An Illegal Overhear?

June 23, 2020 By Samuel Partida, Jr.

People v. Davis, 2020 IL App (3d) 190272 (June). Episode 789 (Duration 7:03)

State’s CI recorded another guy who was not the target of the investigation, can they state use the video without the audio?

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Filed Under: Over Hear

Big Problem In Lake County When State’s Attorney Didn’t Sign The Overhear Applications

May 15, 2018 By Samuel Partida, Jr.

People v. Allard, 2018 IL App (2d) 160927 (February). Episode 486 (Duration 9:35)

Lake County State Attorney didn’t sign the applications for the recorded phone calls so they are invalid.

[Read more…]

Filed Under: Over Hear, Warrant

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