People v. Hunt

State: Illinois

Docket No: 106686 Rel

Case Date: 06/04/2009

Preview:Docket No. 106686.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. TAVARES HUNT, Appellee. Opinion filed June 4, 2009.

JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION Defendant initially filed a pretrial motion to suppress all "tape recordings, statements, and conversations" with an informant during two court-ordered consensual "overhears," arguing they violated his rights to counsel and to remain silent under People v. McCauley, 163 Ill. 2d 414 (1994). Defendant later filed a pretrial motion to suppress audiotape recordings of those same conversations, claiming that the recordings were inaudible. The circuit court of Cook County ultimately granted both motions, suppressing defendant's statements and the recordings. On interlocutory appeal, the appellate court affirmed the suppression order, but on grounds not raised by the

parties. 381 Ill. App. 3d 790, 809. The State appeals from the appellate court's judgment, arguing that the court: (1) exceeded its scope of review on interlocutory appeal when it suppressed statements not suppressed by the trial court; (2) misconstrued the County Jail Act (730 ILCS 125/1 et seq. (West 2002)); and (3) erred when it affirmed the trial court's suppression of the recordings. We affirm in part, reverse in part, and remand. I. BACKGROUND When law enforcement officials began investigating the murder of Shakir Beckley in May 2002, defendant was a pretrial detainee at the Cook County jail on an unrelated offense. During the course of the Beckley investigation, defendant became a suspect, but he was not charged. Instead, on two separate occasions, July 31, 2002, and August 6, 2002, Chicago police officers signed defendant out of the county jail, transported him to a Chicago police station, and put him in an interview room with informant Mycal Davis. Davis, also a pretrial detainee on an unrelated offense, had previously agreed to participate in the investigation and was wearing a concealed wire in accordance with a court order. On each occasion, detectives recorded Davis' conversations with defendant. During each recorded conversation, defendant allegedly implicated himself in the Beckley murder. Defendant was later charged with that murder. Defendant filed a motion to suppress all evidence of his conversations with Davis. In that motion, defendant argued the evidence was obtained in violation of his fifth amendment right to counsel (U.S. Const., amend. V) and his rights to counsel and due process under the Illinois Constitution (Ill. Const. 1970, art. I,

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