Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Bockman

March 14, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
ROBERT BOCKMAN, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of De Kalb County. No. 00-CF-137 Honorable Douglas R. Engel, Judge, Presiding.

The opinion of the court was delivered by: Justice Callum.

Released for publication March 20, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
ROBERT BOCKMAN, DEFENDANT-APPELLEE.

Appeal from the Circuit Court of De Kalb County. No. 00-CF-137 Honorable Douglas R. Engel, Judge, Presiding.

The opinion of the court was delivered by: Justice Callum.

PUBLISHED

 The State charged defendant, Robert Bockman, with two counts of burglary (720 ILCS 5/19--1(a) (West 2000)). Defendant moved to suppress evidence that consisted of recordings of certain conversations. The trial court granted the motion after determining that the applications for authority to use an eavesdropping device to overhear and record the conversations were deficient. The State appeals and contends that the applications were not deficient. Alternatively, the State contends that, even if the applications were deficient, it was error to suppress the recordings because the police acted in good-faith reliance on the orders that authorized the use of the eavesdropping device. We affirm.

We initially note that defendant has not filed an appellee's brief in this court. However, we will consider the merits of the appeal under First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976).

On February 9, 2000, Robert Redel, a De Kalb police detective, submitted an application (application No. 1) to Judge Douglas R. Engel for authority to use an eavesdropping device. Application No. 1 sought authority to use the device from 4 p.m. on February 9, 2000, through 3:59 p.m. on February 19, 2000.

Application No. 1 included a detailed description of a report of a burglary Mark Wolff allegedly gave to the De Kalb police on February 8, 2000. Application No. 1 indicated that Wolff told the police that the burglary had occurred about a week and a half earlier and that Wolff had committed the burglary with Jerry Cook and defendant. Application No. 1 also indicated that Wolff told the police about another burglary that occurred on January 30, 2000, and that, based on Wolff's description of the burglaries, Redel believed that a felony had been committed.

In addition to describing the burglaries, application No. 1 indicated that Redel had been authorized by the De Kalb County State's Attorney to apply to a judge for authority to use an eavesdropping device and that a copy of the State's Attorney's authorization was attached to application No. 1. Application No. 1 stated that the State's Attorney's authorization was "made a part hereof as Exhibit A."

Exhibit A was signed by an assistant State's Attorney. Exhibit A stated that Redel had been authorized to apply to a judge to use an eavesdropping device during the times indicated on Application No. 1 "to overhear (and record) a conversation or conversations occurring between MARK A. WOLFF consenting party, and ROBERT A. BOCKMAN AND JERRY COOK."

On February 9, 2000, Judge Engel issued an order (order No. 1) authorizing Redel and the De Kalb police department to use an eavesdropping device to overhear and record conversations among Wolff, Cook, and defendant during the period indicated in application No. 1. Order No. 1 stated that there was reasonable cause to believe that defendant and Cook had committed a Class 2 felony burglary and that conversations concerning the felony would be obtained through the use of the eavesdropping device. The order specified that Wolff consented to the use of the device.

On February 24, 2000, Redel submitted another application (application No. 2) to Judge Engel for authority to use an eavesdropping device. Application No. 2 was virtually identical to application No. 1 with respect to the description of the burglaries and the parties involved in the burglaries. However, application No. 2 was different in that it indicated that it was an application for an extension of a previous order, and it sought the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.