Sec. 108A-9. Motion to Suppress Contents of Recording, etc.

162 words·~1 min read·/il/chapter-725/act-5/108a-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any aggrieved person in any judicial or administrative proceeding may move to suppress the contents of any recorded conversation or evidence derived therefrom on the grounds that:

(1)the conversation was unlawfully overheard and recorded;

(2)the order of authorization or approval under which the device was used or a recording made was improperly granted; or

(3)the recording or interception was not made in conformity with the order of authorization.

(b)Such a motion shall be made before the proceeding unless there was no previous opportunity for such motion. If the motion is granted, the contents shall be treated as having been obtained in violation of this Article. Upon the filing of such a motion, the judge may in his discretion make available to the moving party or his attorney such portions of the recorded conversation or evidence derived therefrom as the judge determines to be in the interests of justice.