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People v. Roake

October 03, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
DANIEL G. ROAKE, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Du Page County. No. 00-CF--2473 Honorable Ann Brackley Jorgensen, Judge, Presiding.

The opinion of the court was delivered by: Justice O'malley

Released for publication October 8, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
DANIEL G. ROAKE, DEFENDANT-APPELLEE.

Appeal from the Circuit Court of Du Page County. No. 00-CF--2473 Honorable Ann Brackley Jorgensen, Judge, Presiding.

The opinion of the court was delivered by: Justice O'malley

PUBLISH

The State charged defendant, Daniel G. Roake, with two counts of unlawful delivery of a controlled substance (720 ILCS 570/401(d) (West 2000)). Defendant filed a motion to suppress the contents of certain tape recordings. The trial court denied the motion in part and granted it in part. As to the part it granted, the court determined that the oral application procedure that the police used in seeking approval for the use of an eavesdropping device failed to satisfy any of the procedures mandated by article 108A of the Code of Criminal Procedure of 1963 (725 ILCS 5/108A--1 et seq. (West 2000)), the statute governing judicial supervision of the use of eavesdropping devices where there is a consenting party (the eavesdropping statute). The State appeals and contends that the application procedure that the police used was appropriate under the statute's emergency procedures. For the reasons that follow, we agree and reverse the suppression order.

At a hearing on the motion to suppress, defendant called Robert Maloney as a witness. Maloney, a Naperville police detective assigned to drug investigations, testified that he was involved in the investigation of a subject named John Groll. Groll was suspected of delivering a controlled substance known as ecstasy. Pursuant to his investigation of Groll, Maloney generated three overhear applications and obtained three overhear orders pursuant to the eavesdropping statute. The orders authorized overhears of conversations between Maloney, Groll, and unknown others. The orders authorized the overhears for periods from May 30, 2000, through June 9, 2000; from June 9, 2000, through June 19, 2000; and from June 19, 2000, through June 29, 2000.

During the course of his investigation of Groll, Maloney made several undercover purchases of ecstasy from Groll. One of these purchases occurred on June 8, 2000. The June 8 purchase was overheard and recorded. While the June 8 transaction was occurring, defendant drove his car alongside Maloney and Groll and said something that was overheard and tape-recorded. Maloney acknowledged that Groll had told him before the purchase that associates of Groll would be nearby during the purchase. Maloney denied that he had ever heard defendant's name prior to the conversation overheard on June 8.

Maloney further testified that on June 22, 2000, pursuant to a warrant, the police arrested Groll for the unlawful delivery of 91 ecstasy pills. The arrest occurred at 6:23 p.m. Groll was taken to the Naperville police department, where other officers interviewed him. Around 7:30 p.m., the officers told Maloney that Groll was willing to cooperate and wear a wire to record conversations that would occur between Groll and his sources. Groll told the police that he was expecting calls on his cell phone from defendant and an individual named Dan Tierney; that defendant and Tierney had supplied him with the 91 ecstasy pills; and that they would be calling him to make arrangements to get the money he owed them for the pills.

Maloney further testified that after the police learned that Groll would cooperate with them and wear a wire they "tried getting an emergency or amended order of overhear." This was done when another police officer, Sergeant Guerreri, contacted Joe Ruggiero, an assistant State's Attorney, Joseph E. Birkett, the State's Attorney, and Judge Richard A. Lucas, a circuit court judge. Maloney was later informed that in a conference call between these individuals Judge Lucas "approved the emergency amended portion of the overhear [order]."

Maloney testified that he had begun preparing a written application for an overhear order "but due to time constraints when Mr. Roake wanted his money and the time when Groll was supposed to drop it off, we did not have enough time to get that done." The State stipulated that on June 22, 2000, the police did not submit a written application for authority to overhear conversations involving defendant.

Maloney further testified that there were two overhears of defendant on June 22, 2000. There was a telephone overhear at 9:04 p.m. and an in-person overhear at 10:33 p.m. In the telephone overhear, Groll spoke with defendant on the telephone while a police officer placed his ear close to the telephone and listened to the conversation.

The in-person overhear involved conversations between Groll and defendant that occurred after the telephone overhear when Groll met with defendant and gave defendant the money for the 91 ecstasy pills and when defendant returned after obtaining additional ...


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